Lake Como City Zoning Code
§ 17-11.3
Conditional Uses.
[Ord. No. 90-535; Ord. No. 2011-861; Ord. No. 2011-865]
a.
Application Procedure. Before a construction permit or certificate of occupancy shall be issued for a conditional use as permitted by this chapter under P.L. 1975, C. 291, application shall be made to the Planning Board. The developer shall follow the procedures and guidelines prescribed in Section 17-13, Development Application Review Procedures.
The Planning Board shall approve or deny conditional uses simultaneously with site plan or subdivision review. The Board shall follow the procedures outlined for review, Section 17-13.
The ninety-five-day time period for action by the Planning Board on conditional uses shall apply to each site plan review. Public notice and a hearing shall be required as stipulated in the Municipal Land Use Law. (N.J.S.A. 40:55D-12)
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment, portable water supply, utilities and building and structure location(s) and orientation(s). Conditional uses must meet the requirements listed below in addition to those outlined elsewhere.
b.
Special Requirements for Hotels and Motels.
1.
Any hotel or motel that may be constructed on a lot or parcel of land must contain a minimum of at least 10 units of accommodation, exclusive of a permanent, on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be five.
2.
Each unit of accommodation shall contain a minimum floor area of 240 square feet. Ceilings shall be a minimum of 7 1/2 feet in height.
3.
Each unit of accommodation shall include a minimum of two rooms, a bedroom and a separate bathroom which affords privacy to a person within the room and which is equipped with a "toilet", a "wash basin" and a "bathtub" or "shower", all properly connected to water and sewer. Not more than one of the units of accommodation, previously referenced as the superintendent's living quarters, may contain kitchen facilities.
4.
The first floor areas of hotels and motels may be used for offices and neighborhood commercial uses limited to such kinds of offices as the professional offices of physicians, dentists, attorneys, engineers, architects, planners, real estate brokers, insurance offices and branch banks and store delicatessen, coffee shop and restaurant.
5.
Each motel or hotel shall provide parking at a ratio of 1 1/4 parking spaces per unit of accommodation. Parking shall be provided for commercial uses at the ratio prescribed in subsection 17-10.7.
6.
Area and Yard Requirements for Hotels and Motels.
Principal Building | Minimum |
|---|---|
Lot Area | 20,000 square feet |
Lot Frontage | 150 feet |
Lot Width | 150 feet |
Lot Depth | 100 feet |
Side Yard (each) | 15 feet |
Front Yard | (a) |
Rear Yard | 20 feet |
Accessory Building | Minimum |
|---|---|
Distance to side line | 10 feet |
Distance to rear line | 10 feet |
Distance to other building | 10 feet |
Maximum | |
Building coverage of principal and accessory building, 30%. | |
NOTES: | |
(a)
The front yard shall be determined on the basis of the average front yard depth within the block (or adjacent block if there are no existing buildings in the block).
c.
Gasoline Service Stations, Repair Garages and Parking Lots.
1.
Area and Yard Requirements.
(a)
Gasoline Service Stations and Repair Garages.
Principal and Accessory Building | Minimum |
|---|---|
Lot Area | 10,000 square feet |
Lot Frontage | 100 feet |
Lot Width | 100 feet |
Lot Depth | 100 feet |
Side Yard (each) | 10 feet |
Front Yard | 15 feet |
Rear Yard | 15 feet |
Maximum | |
Building Coverage, 40%. | |
2.
General Requirements.
(a)
No auto service station, repair garage, parking garage or parking lot for five or more vehicles shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, public playground, church, hospital, public building or institution, except where such property is in another block or on another street which the lot in question does not abut.
(b)
No auto service station shall be permitted where any oil draining pit or visible appliance for any purpose (other than filling pumps) is located within 15 feet of any street line or within 25 feet of any residential district, except where such appliance or pit is within a building.
(c)
No junk motor vehicle or part thereof or motor vehicles incapable of normal operation upon the highway shall be permitted on premises of any service station. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed or roofed building excepting, however, a number not exceeding three motor vehicles may be located upon any service station premises not within a closed or roofed building excepting, however, a number not exceeding three motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period not to exceed 15 days and providing that the owners of the motor vehicles are awaiting their repair or disposition and the vehicles stored have a current registration.
(d)
In any repair garage, areas used for outside storage of materials or vehicles shall be screened to be obscured from view from all adjacent properties.
(e)
In any parking lot, service station or repair garage, no parking shall take place within five (5') feet of any property line.
3.
Signs.
(a)
Auto service stations and repair garages shall be permitted the following signs:
(1)
One free-standing sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that each such sign shall not exceed 35 square feet in area on a side and shall be set back 10 feet from street lines and 15 feet from side lot lines and provided further that the sign shall not be less than 10 feet, nor more than 20 feet above the ground, which shall be measured from street grade at the curb line.
(2)
One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, providing that said sign does not exceed seven square feet in area.
(3)
Directional signs or lettering displayed over individual entrance doors or bays and consisting only of the words "washing", "lubrication", "repairs", "mechanic on duty" or other words closely similar in import, provided that there shall not be more than one such sign over each entrance or bay.
(4)
Customary lettering or other insignia which are a structural part of a gasoline pump, consisting only of the brand name of a gasoline sold, lead warning sign, a price indicator and any other sign required by law.
(b)
Parking lots and parking garages shall be permitted one free-standing sign not exceeding 10 feet in height and 20 square feet in area. Such free-standing signs shall be set back 10 feet from all property lines.
d.
Public Utility Uses.
1.
For purposes of this chapter, the term "public utility uses" shall mean and include such uses as telephone dial equipment centers, power substations and other public utility services, but shall not include service or storage yards or similar uses.
2.
The proposed installation in a specific location must be reasonably necessary for the satisfactory provisions of service by the utility to the neighborhood or area in which the particular use is to be located.
3.
The designing of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
4.
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the New Jersey State Uniform Construction Code.
5.
Sufficient landscaping, including shrubs, trees and lawn, shall be provided and be periodically maintained.
6.
Adequate off-street parking shall be provided.
7.
All of the area, yard, building coverage and height requirements of the respective zone must be met.