Ogdensburg City Zoning Code
§ 30-601
CONDITIONAL USES.
Before a construction permit or Certificate of Occupancy shall be issued for any conditional use as permitted by this chapter, application shall be made to the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan review pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter. Conditional uses include the following:
A.
Public Utility Uses.
1.
The proposed installation in a specific location must be necessary for the neighborhood or area in which the particular use is located.
2.
The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.
3.
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 National Electrical Code in effect at the time of the construction.
4.
Landscaping, including shrubs, trees and lawns, shall be provided and maintained.
5.
Off-street parking shall be provided as determined by the Planning Board during site plan review.
B.
Service Stations.
1.
No service station shall be located within 500 feet of any firehouse, school, playground, church, hospital, public building or institution.
2.
All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 30 feet to any existing or future street line. All lubrication, repair or similar activities shall be performed in a fully-enclosed building and no dismantled parts shall be displayed outside of an enclosed building.
3.
No junked motor vehicles or part thereof shall be permitted on the premises of any service station. Moreover, no more than six motor vehicles (other than permitted rental vehicles, if applicable) may be located upon any gas station premises outside of a closed or roofed building for a period of time not to exceed seven days, and providing that the owners of said vehicles are awaiting their repair.
4.
Landscaping shall be provided in the front yard area equal to at least 20% of the front yard area and such landscaping shall be reasonably distributed throughout the entire front yard area.
5.
The exterior display and parking of more than three motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station; the rental of up to three motor vehicles shall be permitted.
6.
Service stations shall provide at least 10 off-street parking spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved areas.
7.
Service stations may be permitted one free-standing sign and one sign attached flat against the building. The free-standing sign shall not exceed an area of 20 square feet and shall be set back at least 20 feet from all street right-of-way and lot lines. The attached sign shall not exceed 30 square feet in area.
8.
All of the other area, yard, and general requirements of the respective zone and other applicable requirements of this chapter must be met.
C.
Adult Uses.
1.
Purpose These regulations are adopted in furtherance of all of the public purposes of municipal zoning and planning, including, but not limited to, guiding the appropriate use and development of the Borough of Ogdensburg in a manner which will promote the public health, safety, morals and general welfare, and in order to meet the needs of citizens of the Borough of Ogdensburg and of the State of New Jersey, while maintaining the quality and character of the Borough of Ogdensburg and deterring the growth and spread of blight and crime (especially prostitution, sexual offenses, public indecency, and related offenses). It is recognized that there are some uses commonly known as "adult" uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when such uses are located near residential areas or in other inappropriate locations, or without sufficient showing that such uses in a specified location will comply with the conditions and standards for the location and operation of such uses. Therefore, special regulations of these objectionable "adult" uses are deemed necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the Borough of Ogdensburg regulates any or all of the adult uses described herein or prohibits or allow them in the various zoning districts, to be construed as approval of, or condoning of such uses.
2. ADULT BOOKSTORE ADULT MINI MOTION PICTURE/LIVE ENTERTAINMENT THEATER ADULT USES SPECIFIED ANATOMICAL AREAS
Definitions.
An establishment from where minors are excluded, having a substantial or significant portion of its stock in trade, books, magazines, other periodicals, films, or other viewing material which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, or an establishment in which a segment or section of the premises is devoted to the sale, rental, display or viewing of such material.
An enclosed building with a capacity of less than 50 persons, from which minors are excluded, used for presenting material, films, movies, video or live shows distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" as defined herein, for observation by patrons therein. This definition shall also apply to an enclosed building which contains any number of individual viewing booths not in excess of the maximum permitted by this chapter in which a person may privately or individually view materials, films, movies, videos or live shows distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein.
Adult bookstores or adult mini motion picture/live entertainment theatre, as defined herein.
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks and/or female breasts below a point immediately above the top of the areola, or (2) human male genitals in a discernibly turgid state, even if completely or opaquely covered.
3.
No permitted adult use shall be located within 250 feet of any residential district; within 250 feet of any existing church, synagogue, or other place of worship within 250 feet of any religious, charitable or nonprofit institution, or any public or private school, nursery, child care center, public community center, park, playground, recreation center, or similar use; or within 250 feet of any premises licensed for the sale or distribution of alcoholic beverages. The foregoing distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed adult use is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district and such uses, district boundary lines and dimensions shall be indicated on the submitted site plan.
4.
No permitted adult use shall be located within 250 feet of any existing residential use in the Borough of Ogdensburg or in any contiguous municipality, nor within 250 feet of any residential zone in any contiguous municipality.
5.
Adult uses must be located in a free standing building which will include a buffer zone to separate it from family oriented businesses.
6.
Adult uses in buildings having a capacity of 50 or more persons are prohibited.
7.
Off-street parking shall be provided at the ratio of one space per every 200 square feet of gross floor area or portion thereof. In addition, one parking space is required for each viewing theater of from one to three occupants and one parking space for each additional three occupants or part thereof. Provided, that at least 10 parking spaces shall be provided in any case.
8.
Signs shall meet the requirements specified for retail commercial activities in the district where the conditional use is permitted; additionally, no "specified anatomical areas" or "specified sexual activity" shall be shown, described or depicted on any signs, advertisements, displays or exhibits that are visible from outside the building.
9.
The interior of the adult use building shall be designed so that no interior contents of the building are visible at any time from the outside through windows, door openings or in any other manner.
10.
The interior of any building in which an adult use is located shall be adequately lighted and shall be constructed so that every portion thereof is readily visible without obstruction to the clerk or other person in charge of the building from the counter, booth, cash register, or other place where such person is normally stationed.
11.
All other applicable requirements of the district in which the conditional use is permitted and of the Land Development Regulations of the Borough of Ogdensburg shall be met.
12.
All such uses must be licensed as may be required in the Code of the Borough of Ogdensburg.
13.
Hours of operation shall not be earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays and Saturday. All premises shall be closed on Sundays.
D.
Churches, Parish Halls/Rectories.
1.
For purposes of this chapter, churches shall include commonly known, recognized and long-established sects or denominations.
2.
Churches, parish halls shall meet the area and yard requirements set forth in Section 30-400 of this chapter for the respective zone.
3.
Traffic movement generated by a church use shall not have a negative or adverse impact on adjoining and nearby properties.
4.
The architectural design of the church shall be of a similar scale and character of surrounding land uses.
5.
The site plan shall include adequate landscaping in order to protect surrounding residential properties from the effect of light and noise generated by the use of the subject site for a church.
E.
Community Residences For the Developmentally Disabled and/or Community Shelters For Victims of Domestic Violence.
1.
Any community residence for the developmentally disabled or community shelter for victims of domestic violence that house more than six persons, excluding resident staff, shall require a "Conditional Use" permit for the use of a dwelling unit for such shelter or residence, including the conversion of a dwelling for such use.
2.
In no case shall more than 15 persons, excluding resident staff, occupy any community residence or community shelter.
3.
The minimum area and yard requirements applicable to the particular zoning district shall each be increased by 16.67% for each person housed in the community residence or community shelter over and above six persons, excluding resident staff.
4.
No community residence for the developmentally disabled or community shelter for victims of domestic violence occupied by more than six persons shall be located within 1,500 feet of an existing community residence or community shelter.
5.
A "Conditional Use" permit shall not be granted if the total number of persons, other than resident staff, residing at such community residences or community shelters exceeds 50 person or 0.5% of the population of the Borough, whichever is greater.
6.
The residential character of the lot and buildings shall not be changed and there shall be no exterior evidence of the community residence or community shelter. No signs shall be permitted except information and direction signs as permitted for single-family detached dwellings.
7.
The following design requirements shall be incorporated within the submitted plan:
a.
Each community residence or community shelter shall be connected to public water and sewer facilities;
b.
Community residences or community shelters shall have immediate access to public transportation services or, in the alternative, provide occupants with a van or equivalent transportation service.
F.
Agricultural.
1.
The minimum area of the agricultural tract must be six acres used for gain in the raising of agricultural crops.
2.
The conditional use may include buildings for the housing of agricultural equipment, produce, or for the incidental or customary processing of agricultural products raised on the premises.
3.
Any buildings shall conform to the setback and yard requirements of the zone in which the conditional use is located.
G.
Office, Commercial and Retail.
1.
The property must front on County Route 517.
2.
If the proposed development is for vacant land, the minimum bulk requirements shall be:
Lot Area | 20,000 square feet |
Frontage | 150 feet |
Lot Width | 150 feet |
Lot Depth | 150 feet |
Front Yard | 20 feet |
Side Yard | 15 feet (each) |
3.
If the proposed development is for conversion of an existing structure or for a preexisting lot under single ownership prior to the enactment of this chapter, the bulk requirements referred to above need not be met, however, the conditional use shall not be permitted on a lot smaller than 3,750 square feet or having less than 50 feet of frontage on County Route 517.
4.
Submission of a plan showing adequate treatment and disposal of sewerage.
5.
Submission of a traffic circulation plan showing adequate traffic safety, proper circulation and adequate parking as required by ordinance.
6.
Site plan approval is mandatory.
7.
Any change of use requires site plan approval and re-submission of a traffic circulation plan.
8.
Buffering is required on all property lines adjacent to all residential properties.
9.
Thirty feet maximum building height.
H.
Professional Office.
1.
All required parking areas shall be clearly designated and paved or graveled.
2.
The parking areas shall not exceed 400 square feet, and unless an extension of an existing drive, shall not be located on the front yard area.
3.
Hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.
4.
The proposed conditional use must meet the requirements of the definition of Professional Office as set forth in this chapter.
5.
If the Professional Office is to be used in a residential dwelling, the professional person shall be a resident of the premises.
6.
A Professional Office located in a residential dwelling may be located only on the main floor or in the basement area.
7.
No more than 500 square feet of the main floor area or 50% of the main floor area, whichever is less, shall be devoted to a Professional Office use in a residential dwelling.
8.
No more than one person not a resident in the dwelling shall be employed in the Professional Office.
9.
In addition to off-street parking required for residential dwellings, there shall be provided at least one off-street parking space for each 250 square feet (or part thereof) of floor area devoted to the Professional Office use.
10.
Off-street parking areas shall be located at least five feet from a building, 10 feet from any adjoining property lines, 10 feet from any street right-of-way line, and 25 feet from the point of intersection of any two street right-of-way lines.
11.
There shall be no outdoor storage or display of any kind in connection with said use.
12.
Only one sign shall be permitted, being a nameplate sign, situated between the property lines. Said sign shall not exceed 72 square inches in total area and shall bear only the name and professional designation of the professional occupant.
13.
The property must front on County Route 517.
I.
Limited Industrial/Commercial Parks.
1.
The minimum tract size shall be 10 acres.
2.
Streets and roads shall be privately owned and maintained by a Property Owner's Association, to which all lot owners must belong. Private road width shall be a minimum of 24 feet and shall be curbed and without shoulders. The main access road for the park may exceed 600 feet in length and still end in a cul-de-sac, provided said cul-de-sac allows a fifty foot or greater radius for vehicle turn around, and has a mountable curb.
3.
Individual lots within the park shall meet the following requirements:
a.
Minimum lot size: 1.5 acres.
(minimum lot area shall not include private street or road area)
b.
Minimum lot frontage (on internal private roads) — 150 feet.
c.
Side Yards: 15 feet.
d.
Rear Yard: 50 feet.
e.
Front Yard: 50 feet.
f.
Lot Coverage (all impervious surfaces): 75%.
g.
Buffering: 30 feet to all residential properties and 10 feet to all other properties not within the park. Minimum buffer height — six feet at planting.
h.
Parking — as permitted or required for individual uses where same are designated as permitted uses. No on-street parking shall be permitted on the park's internal roads.
4.
The signage within the park shall meet the following requirements:
a.
One free-standing sign shall be allowed in the vicinity of the entrance access of the private park Said sign shall not exceed 64 square feet and may provide for a changeable menu to identify individual uses within the park.
b.
Each individual lot or use may have one free-standing or attached sign not to exceed 32 square feet.
c.
All free-standing signs shall set back a minimum of 25 feet from the front lot line.
5.
Miscellaneous Criteria.
b.
Access drives of individual uses within the park which are opposite of each other shall either face each other in alignment or be offset by a minimum of 75 feet.
d.
No streets or roads shall have a grade greater than 8%.
e.
Minimum building size shall be 2,500 square feet.
f.
The development of each individual lot shall require a separate site plan.
g.
All utilities required to service all lots within a park shall be required as a part of subdivision approval and shall be installed prior to, or as a part of, site plan for the first lot developed.
h.
Prior to or as a part of site plan approval for the first lot developed, the applicant shall provide evidence of the establishment of the required Property Owners' Association.
J.
Wireless Telecommunications Towers, Equipment and Facilities Conditional Use Requirements.
1.
Location Criteria.
a.
Location Priorities - Locations are enumerated below in the order of the location priority.
(1)
Completely concealed in existing lawful structures in nonresidential zones.
(2)
In or upon existing municipally owned land of five acres or more or municipally owned structures wherever located not exceeding the zone height restriction or the existing municipal structure by 10% or 25 feet, whichever is greater.
(3)
Within or upon existing structures in the BC, IC, LIC and PC zones provided stealth technology is used and structures are within the zone height limitations and shall not occupy more than 25% of any roof area.
(4)
Constructing new towers or replacing existing towers in nonresidential zones.
b.
Stealth technology must be used in all installations and monopoles for all new towers to reduce visual impact.
c.
Point-to-point microwave antennae on the mast of towers are prohibited and land lines must be used.
d.
Residential areas and uses are to be protected from the actual or any adverse impacts of wireless telecommunications towers, antennas and facilities.
e.
To minimize the height and visual negative impact of towers throughout the community, owners and users of towers, antennas and related facilities are required to construct and configure these structures in such a way as to minimize any adverse visual impact of towers and antennas through careful design, siting, landscape screening and innovative stealth camouflage techniques.
2.
Telecommunications towers, equipment and facilities are permitted conditional uses, subject to the following conditions.
a.
Zoning. Telecommunications towers and antennae as described below are limited to the BC, IC, LIC and PC zones, except for facilities on municipal structures and stealth towers on municipal land of five acres or greater as authorized by the Governing Body.
b.
Site Location Analysis. Every application for a telecommunication tower or antennae shall include a site location alternative analysis, including an analysis of the location priorities set forth in paragraph J,1, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
(1)
How the proposed location of the wireless telecommunication tower or antennae relates to the objective of providing full wireless communication services within the Ogdensburg area at the time full service is provided by the applicant and by other providers of wireless telecommunications services within the Ogdensburg area.
(2)
How the proposed location of the wireless telecommunications tower/facility relates to the anticipated need for additional antennae or towers within and near the Ogdensburg area.
(3)
How the proposed location of the wireless telecommunications tower/facility relates to the anticipated need for additional antennae or towers within and near the Ogdensburg area by the applicant, and by other providers of wireless telecommunications services within the Ogdensburg area.
(4)
How the proposed location of the wireless telecommunications tower/facility relates to the objective and goal of maintaining concealed or reduced tower height with groups of towers within close proximity to one another rather than isolated, taller towers with many users at greater tower heights at random locations throughout the Borough.
c.
Existing Structures.
(1)
Nonmunicipal Structures. Towers or antennae meeting the zone requirements are permitted in all BC, IC, LIC and PC zones provided they are concealed in existing lawful structures or constructed as stealth tower structures as defined in Section 30-200, while meeting the height limitation requirements of the zone.
(2)
Municipal Structures. Existing municipally-owned utility structures, such as water tanks, and municipally- owned towers located in any zone may be used for the installation of antennae to service the wireless telecommunications industry, provided:
(a)
That the antenna does not increase the structure by 20% or 25 feet, whichever is greater, or otherwise less than the permitted height in the zone.
(b)
A license or lease authorizing such antenna or tower has been approved by the Borough of Ogdensburg. However, the Borough may, as a condition of such lease, require site plan approval. The decision to extend such licenses or leases to an applicant shall be vested solely with the municipality, which shall not be governed by this chapter. The Borough of Ogdensburg in its absolute discretion reserves the express right to deny all users of its property for antenna or towers.
(3)
Towers or antennae may also be located on power transmission line systems such as pylons provided they satisfy the stealth requirements and either (a) meet the zone height limitations; or (b) do not exceed the structure height by 10% or 25 feet, whichever is greater.
d.
New Wireless Free-Standing Telecommunications Towers, Equipment and Facilities.
For towers which do not satisfy criteria of paragraphs J,2,c(1), (2) or (3) above.
(1)
Lot Size - Five acre minimum.
(2)
Maximum Tower Height - For towers not meeting the requirements of paragraphs c, 1 above, 100 feet or 25 feet above the mean tree canopy, whichever is less. Mean tree canopy shall be derived from marking all trees 12 inches in diameter or greater measured 4.5 feet above grade within a two acre area surrounding the tower site. The height of the trees shall be calculated by a professional licensed surveyor in the State of New Jersey. Absence of a suitable stand of trees for concealment renders the site unacceptable. No tower shall have a height or location which would require Federal Aviation Administration lighting. Lightning rods are excluded from towers or antennae height calculations.
(3)
Setback distances - For safety reasons concerning tower fall zones and further to insure that appropriate setbacks exist, a telecommunications tower and related facilities must be set back 300 feet as measured from the base footprint of the tower or facility to any structure, lot line or parking lot, or similar area where people congregate at any given time. For example, a tower must be set back at least 300 feet as measured from its base from any adjacent lot, sports field, or ball field, playground, parking lot, picnic area, building, home, etc.
(4)
Tower locations shall comply with any buffering required for lots adjacent to residential zones or uses.
(5)
Visual Compatibility Requirements and Construction Details for the Installation of Wireless Telecommunications Towers. Monopole tower construction shall be used in all new tower construction. Additionally, applicants are required to use the latest stealth or camouflaging techniques to make the tower appear to be a tree of native species and to blend in with surrounding trees. All towers shall be fitted with anticlimbing devices.
e.
Telecommunications Tower Permitted Accessory Structures or Uses.
(1)
Accessory Equipment Sheds.
(a)
Maximum height: 20 feet.
(b)
Maximum area: 1,500 square feet.
(c)
Fencing - All equipment sheds shall be located immediately adjacent to the tower it services. All equipment sheds and tower bases shall be enclosed with a solid wood fence of at least seven feet in height, but no higher than eight feet unless otherwise approved by the Borough Engineer. All fences shall include a locking security gate and a copy of the key to this gate shall be supplied to the Borough.
f.
General Conditions Applying to All Towers and Antennas.
(1)
Noise Levels. All noise generated by a tower and/or equipment shed shall meet the minimum standards contained in all State, Federal or local noise regulations.
(2)
Co-Location Conditions and Limitations. Any new tower or reconstructed tower approvals shall allow the future co-location as set forth in this section. Co-location by two or more telecommunications providers shall be permitted on one tower provided that by co-locating, all conditions of this chapter are satisfied.
(a)
In the event a proposed tower for an existing or future co-location cannot be constructed within the permitted limitations, then such co-location is prohibited and instead, an alternate site or method shall be used but if unavailable, then a second tower to comply with the height limitations shall be constructed.
(b)
No tower may be designed or built to co-locate with another telecommunications provider at a height greater than the maximum permitted by this chapter.
(c)
In the event any co-location is proposed, a letter of commitment shall be filed by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to the issuance of a building permit and shall be finding upon the tower owner, property owner and successors in interest.
(3)
Annual Report. Upon the issuance of a building permit for a wireless telecommunications tower site, the owner or operator of the site shall provide to the Borough Engineer, Borough Planner and Borough Zoning Officer, an initial report signed and sealed by a licensed professional engineer, certifying the estimated useful structural life of the tower as well as providing an initial inventory of all equipment and antennae on the site. After 50% of the useful structural life has lapsed, annual re-certification reports as to the structural integrity of the tower shall be required. An updated report shall also be provided whenever antenna arrays are modified and shall include a detail listing of all antennae and equipment. All vendors and lessees shall also be required to notify the above Ogdensburg officials when the use of such antennae or equipment is discontinued. If any of the reports disclose that a condition of any tower presents an imminent hazard to the public health, safety or welfare, or that the tower antennas and equipment are no longer in use, the Borough Engineer or Zoning Officer shall order the owner of the tower or site upon which it is located, to take appropriate corrective action including, if necessary, the removal of the tower to protect the public health, safety and welfare. Wireless telecommunications towers and sites shall be maintained to insure continued structure integrity. The owner of the tower shall also perform such other maintenance of the structure and of the site so as to assure that it does not create a visual nuisance.
(4)
Abandonment and Removal. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Ogdensburg notifying the owner of such abandonment. Towers that are rendered obsolete or outdated by advances in technology shall be removed or modified. Failure to remove an obsolete, outdated or abandoned antenna or tower within said 90 days shall be grounds for the Borough to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower or same is deemed obsolete or outdated by the Borough. The Borough may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the Borough Engineer for such construction as required under all applicable Borough ordinances.
(5)
Signs Prohibited. No signs shall be permitted on either the tower or equipment building, except for those signs required by law or containing such information as owner contact information, warnings, equipment information and safety instructions. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.
(6)
Lighting. No lighting is permitted except as follows:
(a)
The equipment building and compound may have security and safety lighting at the entrance, provided the lighting is attached to the facility, is focused downward and is wired with a timing device and/or sensor so that the light is turned off when not needed for safety or security purposes.
(b)
No lighting is permitted on the wireless telecommunications tower.
(7)
Multiple towers and uses. Any prohibition contained in any ordinance restricting the number of principal uses per lot shall not apply to the construction of wireless telecommunications towers and facilities when the conditions contained in this chapter are met. The minimum setback distance between structures shall not apply to PCs ("Personal Communications Systems") providers and those providers who are licensed to transmit within the 800 MHz frequency band.
(8)
Site Plan Approval. Site plan approval shall be required for any wireless telecommunications tower, equipment or facilities, except as may be exempted in this chapter of the Land Use Regulations of the Borough of Ogdensburg.
(9)
Additional Municipal Experts. The Land Use Board reserves the right to retain, at the applicant's expense, any technical consultants as it deems necessary to provide assistance in the review of site location alternatives analysis and specifications. By submitting an application for a telecommunications tower or facility, the applicant is deemed to have consented to this procedure.