Lincoln Park City Zoning Code
ARTICLE XVI
Commercial Recreation Zone
§ 28-16.1 Purposes.
The governing body hereby finds and declares that the area designated for commercial recreation is subject to frequent periodic flooding and that it is an area critically important for the retention of floodwater during periods of flooding and that as a marshland area it is one of the most vital, biologically productive and ecologically sensitive areas in the Borough. The purpose and objectives of this zone are to:
A.
Encourage the establishment of commercial recreation areas;
B.
Maintain and operate property in such a way as to conform with the flooding characteristics of the floodplain area;
C.
Reasonably limit any activities that might adversely affect the environmental characteristics of the area;
D.
Encourage activities that are of an outdoor recreation or outdoor education nature and are essentially nonstructural, requiring little or no filling, dredging, removing or otherwise altering the present state of the land, unless specifically permitted; and
E.
Provide an opportunity and facilities for observation and study of the various types of flora and fauna that are indigenous to the area.
§ 28-16.2 Permitted uses.
A.
Within the CR Commercial Recreation Zone, no premises, lot, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, for any other than the following purposes:
(1)
Outdoor recreation areas.
(2)
Parks.
(3)
Arboretums.
(4)
Accessory structures and parking required in the maintenance and general support of the recreational activities not to exceed 15% of the total lot area. All such structures and parking shall be incidental to the main recreational use, unless otherwise specifically permitted.
(5)
Bridle paths and bicycle, walking and jogging trails.
(6)
Field sports facilities, country clubs, and parks.
(7)
Golf courses.
(8)
Wildlife conservation areas.
(9)
Picnic areas and campgrounds, including day camps.
(10)
Outdoor and indoor tennis and other racquet courts.
(11)
Outdoor private and community swimming pools.
(12)
Environmental education centers.
(13)
Model airplane flying, including line control and radio control.
(14)
Archery ranges and indoor target ranges.
(15)
Snack bars or restaurants directly related and incidental to a main permitted use but not including transient or mobile structures.
(16)
The retail sale of goods or services which are directly related and incidental to a main permitted use but not including transient or mobile structures.
B.
All other uses are specifically prohibited.
§ 28-16.3 Parking and circulation.
A.
There shall be one parking space for each employee on the maximum shift and, additionally, the parking area shall be sufficiently large to accommodate all visitors and/or patrons for the proposed use. Where there is doubt as to the ultimate number of such visitors and/or patrons, then areas shall be designated and set aside for expansion of off-street parking areas, if necessary.
B.
Off-street parking areas shall not contain direct access to public streets but shall be provided with access drives.
C.
Access drives and off-street parking areas shall be surfaced with a suitable material, graded and well drained.
D.
Internal roadways shall be at least 20 feet in width for two-way traffic and 12 feet in width for one-way traffic and shall not enter a public street within 50 feet of an intersection. Parking on internal roadways shall be prohibited.
§ 28-16.4 Performance standard regulations.
Any use in the CR Commercial Recreation Zone shall conform to the minimum performance standards in § 28-18.8 of this chapter. Initial and continued compliance with said performance standards shall be required of every use. Prior to issuance of any building permit or certificate of occupancy for a use in any Commercial Recreation Zone, the governing body may require any applicant to furnish at his expense a certificate of a recognized testing laboratory as evidence of compliance with such standards. In the event of complaint to or on request of the governing body at any further date, submission of a similar certificate of compliance may be required according to specifications set forth by the governing body.
§ 28-16.5 Development review criteria.
No development plan shall be approved unless the municipal agency shall have found that the proposed facility:
A.
Will adhere to the performance standards in § 28-18.8 of this chapter.
B.
Conforms to all applicable New Jersey Department of Environmental Protection air, water and radiation emission and effluent standards and all applicable water quality criteria and air quality standards and applicable state noise standards.
C.
Will not emit air and water effluent in excess of the existing dilution, assimilative and recovery capacities of the air and water environments at the site and within the surrounding region during and after construction.
D.
Provides for the handling and disposal of litter, trash and refuse in such a manner as to minimize adverse environmental effects and the threat to the public health, safety and welfare.
E.
Would result in minimal feasible impairment of and risk to the regenerative capacity of water aquifers or other groundwater or surface water supplies.
F.
Would cause minimal feasible interference with and risk to the natural functioning of plant, animal, fish and human life processes at the site and within the surrounding region during and after construction.
G.
Is located or constructed so as to neither endanger human life or property nor otherwise impair the public health, safety and welfare.
H.
Would result in minimal practicable degradation of and risk to unique or irreplaceable land types, historical or archaeological areas, and existing scenic and aesthetic attributes at the site and within the surrounding area during and after construction.
I.
Will not alter the existing grades by more than the number of cubic yards of soil needed to raise the grade from the existing elevation to the base flood elevation for a maximum 15% of the lot area. The absolute maximum average volume of soil per acre which is permitted to be graded or disturbed is 2,662 cubic yards.
J.
Will not lower existing contours to an elevation of 10 feet below the elevation of the mean annual water table as determined by the Borough Engineer.
§ 28-16.6 Buffer strip.
An area of at least 100 feet in width and following lot lines of commercial recreational property, where adjacent to all other zones, improved public rights-of-way and adjacent lots of the same zone, shall be maintained in its natural vegetation or landscaped with plantings where needed and maintained to form a living visual barrier. No buildings, structures or parking areas shall be allowed in buffer strip areas.
