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Lafayette City Zoning Code

§ 13-14

REGULATIONS GOVERNING CONDITIONAL USES.

[Ord. No. 2012-06 § 13-14; Ord. No. 2018-17 § 3; Ord. No. 2018-18 § 9; Ord. No. 2018-20; 9-3-2024 by Ord. No. 2024-18]
a. 
Applications in General. Application for conditional use permits shall be made to the Land Use Board pursuant to the authority of N.J.S.A. 40:55D-67. The application shall be made in accordance with the requirements of Chapter 12, of the Revised General Ordinances of Lafayette Township, and shall be accompanied by a site plan prepared in accordance with the requirements of the Site Plan Review Ordinance of Lafayette Township. Except as otherwise herein specified, all applicable zoning district requirements shall be applicable.
b. 
Specific Conditions for Conditional Uses.
1. 
Houses of Worship.
(a) 
Lot size five acres plus additional two acres for parish house if on the same site.
(b) 
Parking areas attached to houses of worship which adjoin residences or residential districts shall maintain a buffer strip of at least 10 feet between any area used for the parking of automobiles and such adjoining residences or residential districts, which strip shall be effectively screened from such adjoining residential uses.
(c) 
Lighting shall be of a type which directs the light to the ground, and no light shall be cast on adjoining property.
(d) 
No public address system shall be permitted which is audible at any property line.
(e) 
Parking shall be provided at the rate of one space for each three seats in the largest auditorium in any building.
(f) 
All parking shall be in side or rear yards and shall conform to the provisions of Subsection 12-7.2b of the Revised General Ordinances.
(g) 
Signs shall be permitted in accordance with § 13-17.
(h) 
The maximum floor area ratio (FAR) shall be 0.25.
(i) 
The maximum lot coverage shall be 50%.
2. 
Schools.
(a) 
Minimum lot size as mandated by the New Jersey Department of Education.
(b) 
There shall be a buffer between any playgrounds or parking areas and adjoining residential districts of evergreens or other appropriate plantings as approved by the Land Use Board.
(c) 
Lighting shall be of a type which directs the light to the ground, and no light shall be cast on adjoining property.
(d) 
All parking shall be in side or rear yards and shall conform to the provisions of Subsection 12-7.2b of the Revised General Ordinances.
(e) 
Signs shall be in accordance with § 13-17.
3. 
Essential Services.
(a) 
Essential services shall comply with the minimum lot size, setback and other dimensional requirements for the zone in which the essential service is located.
(b) 
There shall be a buffer adjacent to all property lines which shall provide adequate year round screening of the facility. Such screening shall be of evergreens or of other appropriate plantings as approved by the Land Use Board.
(c) 
Parking, if any, shall be as specified by the Land Use Board based upon estimated requirements.
4. 
Cemeteries for Human Interment.
(a) 
Drainage. Sufficient data shall be provided to show that the drainage shall not create any erosion or flooding of adjacent lands which has not heretofore existed.
(b) 
Where a cemetery abuts a residential use, a solid year-round landscaped buffer of 50 feet in width shall be established which effectively screens the cemetery use from the view of the residential use.
(c) 
Minimum setbacks:
(1) 
Graves:
[a] 
One hundred feet from the centerline of any public right-of-way.
[b] 
Fifty feet from any other property line.
(2) 
Permitted accessory buildings:
[a] 
Two hundred feet from the centerline of any public right-of-way.
[b] 
Two hundred feet from any other property line.
(d) 
Any cemetery shall be permitted to construct, as an accessory use, a chapel, living quarters for a caretaker and a building for storage of maintenance equipment.
5. 
Motor Vehicle Service Stations. Motor vehicle service stations shall be a conditional permitted use provided the following conditions can be met:
(a) 
Distance Requirements. The motor vehicle service station shall be at least 200 feet from any residential zone line and 200 feet from any property upon which is located any building used as a theater, auditorium or other place of public assembly, capable of seating over 100 persons, such as but not limited to a church, hospital for humans, college, school, public library, or institution for dependents or children or any public playground or athletic field. The measurement for purposes of determining this distance requirement shall begin at the lot line of the motor vehicle service station and extend to the nearest lot line of the residential zone or property in question.
(b) 
Mixed Use. No part of any motor vehicle service station shall be used for any other purpose.
(c) 
Minimum Lot Area and Frontage. The minimum lot size for any lot upon which any motor vehicle service station is located shall be three acres and the minimum street frontage of said lot shall be 200 feet.
(d) 
Driveways. Driveways to and from any lot upon which is located a motor vehicle service station shall have an unrestricted width of not less than 16 feet nor more than 25 feet, shall be located not nearer than 15 feet from any lot line nor 50 feet from any street intersection and shall be designed so that exiting vehicles do not have to back out across any public sidewalk, street, highway, or right-of-way. There shall be no more than two driveways on any one street.
(e) 
Parking.
(1) 
The minimum number of on-site parking spaces required is two spaces for each bay, plus one space for each employee on the largest shift.
(2) 
Parking shall be screened from public view using building location and landscaping, to the maximum extent possible.
(f) 
Paving Requirements. The area of all driveways and other areas over which motor vehicles are intended to be driven or parked on any lot upon which is located a motor vehicle service station shall be paved.
(g) 
Outdoor Repair Prohibited. On any premises upon which a motor vehicle service station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing or filling of tires with air, shall be conducted within the confines of a building capable of being wholly enclosed.
(h) 
Vehicle Sales. Sales and display of vehicles are prohibited.
(i) 
Setback Restrictions. No part of any building used as a motor vehicle service station nor any part of any accessory structure shall be erected within 35 feet of any lot line. This area shall be fully landscaped and parking and circulation aisles shall be prohibited in this area with the exception of access drives.
(j) 
Landscaping. Fifty percent of the planted trees and shrubs shall be evergreen species.
(k) 
Expansion of Motor Vehicle Service Stations. No permit for the alteration or expansion of any existing motor vehicle stations shall be issued except under compliance by the applicant with all the provisions of this chapter.
(l) 
Fuel and Propane Dispensation. The dispensation of motor fuels and propane is not permitted.
6. 
Animal Hospitals.
(a) 
Minimum lot size two acres.
(b) 
All runs shall be screened with appropriate plantings and shields or baffles designed to minimize noise shall be installed as required by the Land Use Board.
(c) 
Such screening by plantings of dense evergreen shrubs or trees shall be required along the property lines abutting residential districts.
(d) 
There shall be minimum of eight parking spaces which shall be located only in side or rear yards.
(e) 
Signs shall be permitted in accordance with § 13-17.
7. 
Clubs, Lodges and Fraternal Organizations.
(a) 
Minimum lot size five acres.
(b) 
Parking shall be provided at the rate of one space for every three seats in the largest auditorium. All parking shall be located in side and rear yards.
(c) 
Lighting shall be of a type which directs the light to the ground, and no light shall be cast on adjoining properties.
(d) 
Signs shall be in accordance with § 13-17.
(e) 
Maximum floor area ratio (FAR) shall be 0.25.
(f) 
The maximum building and impervious lot coverage shall be 50% of the unconstrained lands.
8. 
Rest Homes and Convalescent Homes.
(a) 
Minimum lot area: 10 acres.
(b) 
Lot density: four semi-private rooms per acre.
(c) 
Floor area ratio (FAR): 40%.
(d) 
Maximum lot coverage: 30%.
(e) 
All parking shall be permitted only in side and rear yards.
(f) 
Screening by plantings of dense evergreen shrubs or trees is required along all property lines abutting residential districts.
(g) 
Signs shall be in accordance with § 13-17.
(h) 
Lighting shall be of a type which directs the light to the ground, and no light shall cast on adjoining properties.
9. 
Cannabis Growing, Production and Manufacturing, in the R-5.0 Zone only.
(a) 
Minimum lot size: 15 acres.
(b) 
Access and Setback: Access shall be provided via a driveway located on a County or State road, with all growing, production and/or manufacturing structures setback a minimum of 400 feet from the road.
(c) 
Visibility: No structure shall be visible from any State or County road.
(d) 
Landscaped Buffer: A minimum landscaped buffer at least 100 feet in width shall be established and maintained, adjacent to any County and State road. In addition, a landscaped buffer shall be required in the event that there is not a natural buffer between the property and any dwelling unit such buffer to be consistent with Township Subsection 12-8.3e4.
(e) 
Fencing: All structures utilized for any growing, production or manufacturing shall be enclosed by a fence at least seven feet high.
(f) 
Security: All structures shall be designed, using safety and security barriers to prevent the unlawful and unauthorized entry into the structures.
(1) 
There shall be no direct sales to the public from the property.
(2) 
There shall be controlled access to the site, with on-site video monitoring in conformance with the requirements set forth by the New Jersey Cannabis Regulatory Commission ("CRC").
(3) 
All video monitoring shall be as required by the CRC and the retention and availability of all footage shall be as required by the CRC. Footage shall be provided to the appropriate Township Official of the NJ State Police Augusta Barracks in accordance with Chapter 15 of the Township Code.
(4) 
The Township Land Use Board may, at the time of site plan approval or amendment, impose any condition related to the proposed use that is reasonably necessary to protect the public health, safety, or welfare, not inconsistent with the permitting authority requirements, including, but not limited to the following:
[a] 
Additional security requirements.
[b] 
Limits and requirements on parking and traffic flows.
[c] 
Requirements for walls, doors, windows, locks, and fences.
[d] 
Requirements and limits on ventilation and lighting.
[e] 
Limits on hours of operations.
[f] 
Requirements for vegetative screening.
(g) 
Maximum number of buildings: 10.
(h) 
Maximum building height: 35 feet.
(i) 
Compliance: All growing, production and manufacturing shall be in compliance with all applicable New Jersey State requirements, licenses and permits.
(j) 
Noise: All cannabis growing, production and manufacturing operations shall operate in compliance with State and local noise laws and regulations.
(k) 
Odor: All cannabis growing, production and manufacturing operations shall utilize available technology to recirculate air, so that odors are not emitted outside of any structure(s).
(l) 
Location: All cannabis growing or manufacturing buildings shall be located at least 400 feet from the nearest dwelling unit located on a neighboring lot and a minimum of 1,000 feet from a school building.
(m) 
R-5.0 Zone Requirements: All newly constructed cannabis growing, production and manufacturing structures shall abide by all setback and Code requirements in effect for the R-5.0 Zone.
(n) 
Generator: All cannabis growing, production and manufacturing operations shall have a backup generator, which shall maintain all electronic security systems in the event of a power failure.
(o) 
Signs: Cannabis growing, production and manufacturing operations shall only be permitted to have one sign, displaying the site address only, in compliance with sign requirements for the R-5.0 Zone.
(p) 
Lighting: No light generated by any cannabis growing, production or manufacturing structures shall result in measurable light changes at the nearest property boundary to each structure. Interior light shades may be required by the Board on greenhouse structures to manage potential lighting impacts. Lighting shall be subject to a Board engineer night lighting test.
[Ord. No. 2018-18]
10. 
Elder Cottage Housing Opportunity (ECHO) Dwelling Unit. An ECHO unit shall be considered an accessory conditional use to an existing residential structure on any residentially used lot containing a single-family detached dwelling unit as the principal residential structure on the lot. This use is designed to provide an affordable alternative to assisted living, nursing home or boarding home care, so that immediate relatives, 55 years of age or older, or a disabled family member, may live nearby but not in the same dwelling unit. The ECHO unit shall be easily removable when it is no longer needed. A conditional use permit shall be procured from the Land Use Board to install the ECHO unit.
(a) 
Occupancy Standards. An ECHO unit is for the use and occupancy by not more than two persons, one of whom is an immediate relative, related by blood, marriage or adoption to the owner of the primary single-family detached dwelling unit and who shall occupy the primary single-family detached dwelling unit on the premises. The ECHO unit may also house one professional caregiver if the unit is only occupied by one qualified individual. One of the ECHO unit-related occupants shall be at least 55 years of age unless the immediate relative is disabled. Should the qualified occupant vacate the unit, the caregiver and/or nonqualified occupant must also vacate the unit within 90 days.
(b) 
The owner of the primary single-family detached dwelling unit shall file an annual letter with the Township Zoning Officer certifying continuing compliance by the permittee with the conditions of the original conditional use permit. The Zoning Officer shall conduct an inspection upon the letter being received and the inspection fee of $50 being paid. In the event of a permanent change of address of the occupant(s) or vacancy of the ECHO unit, the owner of the primary single-family detached dwelling unit shall give written notice to the Township Zoning Officer within 30 days of the change. Within 90 days of a permanent change of address of the occupant(s) or vacancy of the ECHO unit, the ECHO unit shall be removed from the premises and written notification of such shall be given to the Township Zoning Officer. The Zoning Officer shall have the discretion to extend the time for removal upon written request and reasonable cause. Within 60 days of the removal of the ECHO unit, the lot shall be restored to the status prior to the installation of the unit. The owner of the primary single-family detached dwelling shall give written notification of such to the Zoning Officer within this time period.
[Ord. No. 2018-20]
(c) 
The applicant for an ECHO unit shall submit a conditional use application to the Land Use Board.
(1) 
The fee for the ECHO conditional use application shall be $250.
(2) 
The escrow fee for the conditional use application shall be $500.
(3) 
Public notice of the ECHO conditional use application shall be provided by the applicant at least 10 days prior to the Land Use Board meeting at which the application shall be heard, which notice include:
[a] 
Notice to the owners of all real property as shown on the current tax duplicates, located in the State and within 200 feet in all directions of the property which is the subject of the conditional use application; and
[b] 
Public notice by publication in the official newspaper of the municipality.
(4) 
Upon finding of consistency with the standards set forth in this section, the Land Use Board shall cause a letter to be issued to the Zoning Officer indicating approval of the ECHO conditional use application, which approval shall be conditioned upon any terms the Board may require, the requirements of this section and all applicable building and health codes for a residential dwelling.
(d) 
An ECHO unit shall be subject to the following conditions:
(1) 
Only one ECHO shall be permitted per lot, and it shall meet the following requirements.
(2) 
ECHO units shall meet the setbacks for the principal structure.
(3) 
ECHO units shall be located within the rear yard. The Land Use Board may permit an ECHO unit to be placed in the side yard, area, provided that landscaping or other buffering approved by the Board screens the unit from view from the street and adjoining neighbors. The preferred location is within the rear yard, behind the existing single-family detached dwelling unit. ECHO units shall not be located in the front yard.
(4) 
The Land Use Board may require landscaping, buffering or treatments such as skirting or other foundation treatments, when, in the opinion of the Board, such measures are determined to enhance visual compatibility of the ECHO dwelling unit with the neighborhood or neighboring uses.
(5) 
The ECHO unit shall be federally or state labeled pursuant to the National Manufactured Home Construction and Safety Standards Act of 1994 or N.J.A.C. 5:23-4A, whichever is applicable, and as may be amended.
(6) 
The ECHO unit shall not exceed 720 square feet of gross floor area.
(7) 
The ECHO unit shall contain a kitchen, living facilities, not more than two bedrooms, and a single bathroom equipped with low flow plumbing fixtures as required by the Plumbing Subcode of the Uniform Construction Code.
(8) 
The ECHO unit shall be self-contained, barrier-free, energy efficient and capable of being moved to another site.
(9) 
There shall be one additional parking space provided on site that is dedicated to the ECHO unit, which shall be in addition to parking otherwise required.
(e) 
Written approval of existing well and septic systems by the Board of Health shall be submitted along with the conditional use application to the Land Use Board. The existing septic system may be expanded if necessary, but a separate septic system shall not be created for the ECHO unit.
(f) 
At such time as the ECHO unit is no longer occupied as required herein, an ECHO unit may be relocated within Lafayette Township in accordance with the requirements of this section upon reapplication to the Land Use Board in accordance with the procedures and requirements set forth herein.
(g) 
Applicants for ECHO units shall submit 16 copies of the application form and site plan which illustrates conclusively that all conditions for the conditional use have been met. The site plan, at a scale easily readable and with dimensions clearly indicated, shall include the following:
(1) 
Location of existing and proposed building and structures.
(2) 
Location of existing and proposed parking.
(3) 
Proposed lighting, signs and landscaping.
(4) 
Existing and proposed pedestrian and vehicular circulation.
(5) 
If additional impervious surfaces are proposed to be added, the applicant should indicate how stormwater management for the ECHO unit is proposed to be accommodated.
(6) 
An interior layout shall be included so as to permit the Board to determine that the maximum percentages of floor area will be complied with.
(7) 
Location of existing structures on surrounding lots.
(8) 
Driveways on surrounding lots and lots across from subject property.
[Ord. No. 2018-17 § 3]