Lincoln Park City Zoning Code
ARTICLE XX
Conditional Uses
§ 28-20.1 Purpose.
The following conditional uses are authorized provided the standards herein set forth are complied with.
§ 28-20.2 Private schools, nursery schools or other educational institutions.
Private schools, nursery schools, or other educational institutions, including playgrounds and accessory buildings, may be permitted in any residential zone. Approval of such use shall be subject to the following conditions:
A.
A detailed site plan shall be submitted to and approved by the municipal agency.
B.
All the schools shall have an established curriculum for pre-school, elementary or secondary education.
C.
There shall be a minimum lot size of 20,000 square feet for any school or institution serving up to 10 children and a minimum lot size of 40,000 square feet shall be required for any school or institution serving more than 10 children.
D.
Off-street parking shall be required in the following manner:
(1)
Nursery or grade school level (grades one through eight): 1.1 spaces for each teacher and employee.
(2)
High school level (grades nine through 12): 10 spaces for each classroom.
(3)
College level: one space for each two students.
E.
All off-street parking shall be located in the side or rear yard only and shall be located at least 25 feet from any property line. All off-street parking shall be screened by an evergreen hedge at least six feet high.
F.
Demonstration of applicable certification by the appropriate official agency.
G.
All play areas shall be enclosed by safety-type fencing.
H.
The school or institution building shall have at least two separate means of egress and shall be certified as safe by the Municipal Fire Subcode Official.
§ 28-20.3 Churches, hospitals, nursing homes and philanthropic uses.
Hospitals, nursing homes and philanthropic uses may be permitted in all zones. Churches may be permitted in all residential zones. Approval of such use shall be subject to the following conditions:
A.
A detailed site plan shall be submitted to and approved by the municipal agency.
B.
There shall be a minimum lot size of five acres for any church, hospital, nursing home, or philanthropic use.
C.
Off-street parking shall be required in the following manner:
(1)
Churches: 1 1/2 spaces per four seats.
(2)
Hospitals: 1 1/2 spaces for each bed.
(3)
Nursing homes: one space for each two beds.
(4)
Philanthropic uses: 1 1/10 spaces for each employee.
D.
Adjacent residential property values shall not be adversely affected.
E.
Signs displayed shall be limited to:
(1)
Those necessary for direction and safety purposes.
(2)
Those adequate to identify the use and designed as a part of the architectural design of the building or as part of the site plan for the lot.
F.
At least 50% of the entire lot shall be landscaped and seeded and used for no other purpose.
G.
Parking areas shall not be located in the front yard but may be located in the side or rear yards. On all lot lines adjoining residentially zoned property or existing improved residential property not including street lines, there shall be a buffer strip of not less than 50 feet in width. Such buffer strip, if wooded, shall remain in its natural state or, if not, shall be planted with a landscaped visual screen at least six feet in height.
H.
All churches, hospitals, nursing homes and philanthropic uses shall abut a public, major or secondary road as defined by the Circulation Plan Element of the Master Plan.
§ 28-20.4 Public and private utilities.
Public and private utilities, such as towers, antennas, substations, telephone exchanges and associated buildings for the operation, storage and maintenance of electronic and radio equipment, shall be allowed, provided that:
A.
Plans, specifications and plot plans, and a statement setting forth the need for and purpose of the installation, are first filed with the municipal agency by the applicant and approved by said agency.
B.
Proof is furnished to the municipal agency that the proposed installation in a specific location is necessary and convenient for the efficiency of the public and private utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located. The design of any building to be used in connection with such facility shall conform to the underlying district height and setback requirements and the general character of the particular area and shall not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located; adequate and attractive fences and other safety devices and sufficient landscaping, including shrubs, trees and lawn, shall be provided and maintained.
C.
Except for antennas mounted on public buildings or publicly owned structures and mechanical and electronic appurtenances, all public and private utility structures shall comply with the height restriction of that zone in which the facility shall be located. No antenna mounted on a building or structure shall exceed seven feet in height.
D.
Public and private utilities shall conform to the following standards:
(1)
Minimum lot area: 15,000 square feet.
(2)
Front yard setback: 35 feet.
(3)
Rear yard setback: 35 feet.
(4)
The combined total side yard setback requirements may be reduced by six inches for each foot a lot is less than the required lot width measured at the front street line for the zone in which such lot is located, provided that no principal building shall be placed nearer than 10 feet to one side property line, and there shall be one side yard conforming to the side yard required for the zone in which the property is located.
(5)
All buffer area requirements as specified for the zone in which the subject property is located shall be complied with.
E.
The municipal agency shall decide the matter in accordance with the procedure provided for the issuing of conditional uses in Chapter 17, Land Development Review, Article VI, § 17-6.10, of the Code of the Borough of Lincoln Park.
§ 28-20.5 Public garage or gasoline station.
A public garage or gasoline station may be permitted only in the B-1 and B-3 Business Zones, provided that:
A.
A site plan therefor which shall show in detail the exact location of such garage or gasoline station with such measurements of distance as are required hereunder, the number of tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below the ground, the number of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles to be garaged shall be first approved by the municipal agency. Such site plan approval shall also encompass the judgment of the municipal agency as to the effect of the use on the comprehensive planning of the Borough.
B.
No such public garage or gasoline station shall be constructed or placed on any lot which possesses a lot line located less than 1,000 feet from any public or private school offering courses of general educational instruction, hospital, church, theater or library, and further provided that all gasoline or oil pumps shall be located at least 25 feet from the street line and no such garages or gasoline stations shall be erected or constructed within 1,000 feet of the nearest lot line of any existing garage or gasoline station.
C.
All other requirements set forth in Article III, Schedule of General Requirements, for the B-1 or B-3 Business Zone, whichever is applicable, shall be met.
§ 28-20.6 Conditional uses in I Industrial Zone.
A.
The following are conditional uses or conditionally permitted uses in the I Industrial Zone:
(1)
Indoor and outdoor recreation areas.
(2)
Parks.
(3)
Arboretums.
(4)
Accessory structures and parking required in the maintenance and general support of the on-site recreational activities.
(5)
Bridal paths and bicycle, walking and jogging trails.
(6)
Field sports facilities and country clubs.
(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 and indoor private and community swimming pools.
(12)
Environmental education centers.
(13)
Archery ranges and indoor target ranges.
(14)
Snack bars or restaurants directly related and incidental to the main recreational use on site, but not including transient or mobile structures.
(15)
The retail sale of good or services which are directly related and incidental to the main recreational use on site.
(16)
Locker rooms, shower facilities, and toilet facilities related and incidental to the main recreational use on site.
(17)
Party rooms, catering areas, and dining facilities related and incidental to the main recreational use on site.
(18)
Meeting rooms and congregation areas related and incidental to the main recreational use on site.
(19)
Office areas and meeting rooms related and incidental to the main recreational use on site.
B.
The preceding uses and structures are permitted provided that the same meet all of the following conditions:
(1)
The applicant for such use approval shall submit a detailed site plan to the municipal reviewing agency. Such site plan shall detail all proposed uses and structures.
(2)
There shall be a minimum lot size of 10 acres.
(3)
The lot subject to such uses in the I Industrial Zone shall be located within the New Jersey state flood hazard area.
(4)
A minimum of 50% of the lot shall remain in its natural vegetated state.
(5)
The lot subject to such uses in the I Industrial Zone may not be located adjacent to any residential zone and shall be located to the west of Beaver Brook Road.
