Perth Amboy City Zoning Code
ARTICLE VIII
Conditional Uses
§ 430-58 Guiding principles; general provisions.
[Amended 9-21-2005 by Ord. No. 1304-2005; 3-27-2013 by Ord. No. 1668-2013; 9-9-2024 by Ord. No. 2183-2024]
Certain uses, activities and structures are necessary to serve the needs and to provide for the convenience of the citizens of the city. At the same time, appreciating the fact that any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the approving board with a guide for reviewing applications for conditional uses as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the approving board during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the approving board shall be guided by the following standards and principles:
A.
The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located, and the exterior design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and that reasonable consideration is afforded to the following.
(1)
The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.
(2)
The potential effect that the proposed use(s) and/or structure(s) will have upon property values.
(3)
The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.
(4)
The need for such facility or use(s) to serve the area in which it is to be located.
(5)
The adequacy of proposed drainage facilities which will serve the use(s) and/or the structure(s).
(6)
The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
(7)
The adequacy of proposed outdoor lighting.
(8)
Compliance with the standards, principles and objectives of the Master Plan.
(9)
Compliance with the design standards, general provisions, submission requirements and other appropriate provisions of this chapter.
B.
Before any permit shall be issued for a conditional use, applications shall be made to the approving board. The approving board shall grant or deny the application after public hearing but within ninety-five (95) days of submission of a complete application or within such further time as may be consented to by the applicant. Notice of the hearing for a conditional use shall include reference to all matters being heard, including site plan and/or subdivision, and the approving board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving board to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the approving board shall review the requirements set forth in this chapter and shall give due consideration to all reasonable elements which would 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, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s) and shall conduct a public hearing on the application. Each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the approving board except local municipal schools.
C.
In approving a conditional use, a time limit of three (3) years from the date of the approval shall be set forth within which the owner shall secure a building permit; otherwise the approval shall be null and void. The approving board may, for good cause shown, extend the period for securing a building permit for an additional period not exceeding one (1) year.
D.
If, prior to the issuance of a building permit pursuant to preliminary and final approval of a conditional use, any of the conditions upon which the approval was based can no longer be met, no longer exist or have become significantly altered, the conditional use approval shall be null and void.
E.
The following is a list of permitted conditional uses which are identified within the schedule of zones in Article III of this chapter. Standards and specifications for each permitted conditional use are set forth herein to enable the applicant to know their extent and limit.
(1)
Churches, synagogues and other similar places of worship. Churches may be permitted in those districts designated in this chapter upon application for a permit and upon determination by the approving authority that the following standards and conditions are met:
(a)
Plans, specifications and plot plans shall be filed with the approving authority showing overall dimensions, topographic conditions, the location, dimensions and intended use of existing and proposed buildings, parking and screening, the relationship of the proposed use to streets and adjacent properties and other physical features which might impact upon the general welfare.
(b)
Before issuing a permit, the approving board shall determine that the following standards are met:
[1]
The minimum lot area shall be forty thousand (40,000) square feet and the minimum frontage shall be two hundred (200) feet.
[2]
Off-street parking shall be provided at the ratio of one (1) off-street parking space for each two hundred (200) square feet of gross floor area or one (1) space for each three (3) occupants permitted under the applicable fire code regulations, whichever standard yields the greater number of required spaces. The cumulative parking demand of all activity areas within the proposed facility or structure shall be met by on-site, off-street parking areas.
[3]
Driveways shall cross the sidewalk at right angles and shall be no more than twenty-four (24) feet wide at any point. Driveways must be at least ten (10) feet from any side lot line and fifty (50) feet from the intersection of the street lines. No more than two (2) driveways shall be permitted for each two hundred fifty (250) feet of street frontage. Pedestrian and driveway movements shall be segregated to the maximum extent possible.
[4]
The approving authority shall determine that the site plan is appropriate to the adjacent area. It shall require buffers to protect surrounding properties from the effect of traffic lights or noise generated in connection with the use of the property. Such buffer area shall be constructed in conformance with the provisions of this chapter, or as supplemented by determination of the Board. The proposed use at the proposed location shall not adversely effect the property of adjacent owners. Compatibility with the size and character of adjacent uses shall be required.
[5]
Ancillary uses such as schools, rectories, convents and other accessory uses for religious and/or sectarian activities shall not be permitted as a freestanding use. Said ancillary uses shall only be permitted when proximate to and accessory to the permitted principal conditional use, i.e., the place of worship.
(2)
Automobile service stations. The following regulations shall apply to automobile service stations, automotive repair services and garages, public garages, filling stations and/or gas stations:
(a)
All storage areas, trash facilities, pits, lifts and working areas shall be within a building. All lubrications, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside.
(b)
All gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from the street line at least fifty (50) feet and from any other property line at least fifty (50) feet. A minimum space of twenty-five (25) feet shall exist between any two (2) islands and between any island and the service station building.
(c)
No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. Other than employee's vehicles, no more than six (6) motor vehicles may be stored or located outside a service station building at any given time, provided that the owners are awaiting the repair of said motor vehicles.
(d)
The exterior display of nonvehicular equipment for rent or sale shall be permitted, provided that:
[1]
The area devoted to this purpose is in addition to the minimum lot size required for a service station.
[2]
The area devoted to this purpose does not exceed ten percent (10%) of the total area of the entire site.
[3]
The maximum sign area for a service station is not exceeded.
[4]
The location of the equipment being rented or sold does not interfere with the off street parking requirements for the station and does not interfere with the traffic circulation indicated on the approved site plan.
(e)
The proposed use shall be located on a lot not less than twenty thousand (20,000) square feet, in an area which is not located at the corner of any dangerous street intersection as determined by Police Department accident records, and the lot lines of which are located not less than one thousand (1,000) feet from any school offering courses of general educational instruction, hospital, church or library and not less than two thousand (2,000) feet from an existing auto repair or service station.
(f)
It is intended that service stations be designed compatibly with other permitted commercial or industrial uses in the zone in which they are located and that they not be stripped along the available highway frontage or at each quadrant of a convenient intersection.
(g)
All filling station storage tanks shall be placed in a six-inch-thick concrete cradle. All filler spouts, vents and gauging and venting areas shall be covered by a six-inch-thick concrete plate. Emergency shutoff and venting equipment shall conform to the most recent federal and state requirements, as they may from time to time be revised.
(h)
Ingress and egress turning movements shall be designed and coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.
(i)
No automotive vehicle of any kind may be displayed for sale or lease from any service station.
(j)
Off-street parking shall be provided at the rate of three (3) spaces per service bay, plus one (1) space per service vehicle, plus one (1) space for each employee on the maximum shift.
(k)
Canopies. A cantilevered cover or canopy may be permitted to extend into the front yard, provided that it is at least thirty (30) feet from any front property line and maintains the required setback of the zone.
(l)
Curb cuts and driveways.
[1]
On a comer lot, a driveway shall be at least twenty-five (25) feet from the street intersection intersecting right-of-way line as measured along the right-of-way line.
[2]
Driveways shall be no less than twenty-five (25) feet and no more than thirty (30) feet wide as measured along the right-of-way line. The driveway shall be flared or slanted at the curbline to facilitate auto ingress and egress.
[3]
Curb cuts shall be no less than ten (10) feet from any adjacent property line extended to the curbline.
[4]
Any two (2) driveways giving access to a single street shall be separated by a curbed island of at least twenty (20) feet.
[5]
A raised curb of at least six (6) inches in height shall be provided along the street property lines, except for driveway openings.
[6]
There shall not be more than two (2) curb cuts providing access to any one (1) street.
(m)
Signs.
[1]
Freestanding signs. One (1) freestanding sign shall be permitted, provided that the aggregate area of all sides of the sign shall not exceed forty (40) square feet.
[2]
Facade signs. Facade signs shall be allowed on front or side facades so as not to exceed ten percent (10%) of the square footage of the facade on which it is located.
[3]
Other signs. Other signs that may be required by state or federal law shall be allowed, but no other advertising signs shall be permitted.
[4]
All other sign requirements of this chapter shall apply.
[5]
In the case of a multi-use facility, only one (1) freestanding sign per that facility in total shall be permitted. The placement of individual signs for individual uses shall not be permitted.
(n)
Lighting. All lighting shall be so designed, arranged and installed as to reflect all light down and away from adjoining properties and streets and highways. No strings of multiple lights shall be permitted.
(o)
Pavement. All parking, access and driveway areas shall be paved with a permanent surface, such as macadam, with proper drainage so as not to affect adjacent property owners.
(p)
Accessory buildings. All lifts, lubrication equipment, service pits and goods for sale shall be enclosed within the service stations. Exterior storage of any vehicle requiring body work or which is inoperable because of major repairs required shall not be permitted.
(q)
Trash and garbage. A solid enclosed area shall be provided for the temporary storage of trash, garbage and unusable automotive parts. Except for tires, all trash shall be stored in tight containers. The enclosed area shall be so designed that the trash shall not be seen from a public street or from adjoining properties.
(r)
Fuel tanks. Underground fuel storage tanks shall comply with all current state and federal requirements.
(s)
Landscaping buffers and screening shall be provided as follows. In all zones where the above automotive services are permitted as a conditional use, the following minimum requirements shall be met:
[1]
A minimum landscaped area ten (10) feet wide shall be provided along all property lines abutting public streets, except where curb cuts are permitted.
[2]
All buffers and landscaped areas shall be protected from adjacent parking areas by curbs, or concrete, or wood bumpers at least six (6) inches in height and securely anchored into the ground.
[3]
Service areas and parking areas shall be screened from abutting property. A minimum of a six-foot high architecturally solid fence shall be erected on all property lines except the front property line.
[4]
All street trees and on-site deciduous shade trees shall conform to the requirements of the Shade Tree Commission.
(t)
Service stations shall be subject to all other requirements of the zone in which they are located and to all laws of the municipality.
(u)
The use and parking of tow trucks shall be limited to three (3) per automotive service station.
(3)
High-rise multifamily residential uses. The following regulation shall apply to the development of high-rise multifamily residential uses:
(a)
Minimum lot area required: forty thousand (40,000) square feet.
(b)
Minimum lot width required: one hundred seventy-five (175) feet.
(c)
Minimum lot depth required: two hundred (200) feet.
(d)
Minimum front yard setback required: fifty (50) feet.
(e)
Minimum one (1) side yard setback required: fifty (50) feet.
(f)
Minimum total side yard setback required: one hundred (100) feet.
(g)
Minimum rear yard required: fifty (50) feet.
(h)
Maximum permitted height: one hundred (100) feet.
(i)
Maximum permitted height in stories: ten (10.)
(j)
Maximum permitted building lot coverage: twenty percent (20%).
(k)
Maximum permitted impervious lot coverage: fifty percent (50%).
(m)
Minimum required off-street parking spaces per dwelling unit: one and five-tenths (1.5) spaces per unit.
(n)
Maximum gross density permitted: forty (40) dwelling units per acre.
(o)
Minimum distance between buildings: fifty (50) feet.
(p)
Private garage space and parking area for the storage of motor vehicles shall be permitted.
(q)
Private recreational facilities, such as but not limited to swimming pools and tennis courts, provided that they are limited to noncommercial and that all lighting shall be directed away from all adjacent lots, shall be permitted.
(r)
Minimum building setback from any property line adjoining an existing single-family residential use or a single-family residential zone shall be not less than one hundred (100) feet.
(s)
All elevators included in any project shall provide adequate width and length and shall provide adequate door width for use by any stretchers or other devices used by the Perth Amboy Emergency Services agencies.
(4)
Home occupation. In all zones within which a home occupation is permitted, the following minimum standards shall be met:
(a)
The space devoted to such use does not exceed twenty-five percent (25%) of the gross floor area of the dwelling unit.
(b)
Such use shall be conducted solely by the residents of the dwelling, except that no more than two (2) persons who are not residents of the building may be employed.
(c)
No display of products shall be visible from the street.
(d)
No occupational sounds shall be audible outside the building.
(e)
No equipment shall be used which will cause interference with radio and television reception in neighboring residences.
(f)
The home occupation does not utilize, handle or store hazardous wastes or substances.
(g)
The home occupation does not reduce the parking or yard requirement compliance of the detached dwelling.
(h)
No more than five (5) off-street parking spaces, including residential parking, shall be required, and all parking shall be screened behind hedging, landscaping or fencing from the street.
(i)
All home-occupation-related parking must utilize the designated off-street parking facilities.
(j)
There is no exterior evidence of the home business other than one (1) nameplate sign identifying the home business, not exceeding one (1) square foot in area, either attached or freestanding, and set back at least ten (10) feet from the street right-of-way. However, under no circumstances shall exterior displays or signs be permitted in the R-M Residential Zone.
(k)
The home occupation shall comply with the following characteristics:
[1]
It is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit.
[2]
It is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
[3]
The occupation or profession shall be carried on wholly within the principal building.
[4]
There shall be no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal buildings.
[5]
No offensive vibration, smoke, dust, odors, heat or glare shall be produced by the home occupation.
[6]
No traffic shall be generated by any home occupation which is greater in volume than would normally be expected for solely residential use.
[7]
No more than two (2) clients, customers, or patrons shall be permitted at any given time on the premises for business or commercial purposes. However, in the R-M Residential Zone, no clients, customers, patients, or patrons shall be permitted at any time.
(5)
Philanthropic or charitable uses. Philanthropic or charitable structures may be permitted in those districts designated in this chapter if in compliance with the following standards and conditions:
(a)
A set of plans and specifications and a statement setting forth full particulars on the operation of the structure or use must be filed with the approving authority showing dimensions, topography, location, dimensional use of intended buildings, parking, etc., and any other physical features which might act as a deterrent to the general welfare or as deemed necessary by the approving board.
(b)
Front, rear and side yards shall be increased one (1) foot for each foot by which such proposed building exceeds the height limit herein established for the district in which it is to be located. In no case shall any building exceed the height of thirty (30) feet nor be located on a lot less than one (1) acre in size with a minimum frontage of two hundred (200) feet.
(c)
Off-street parking space shall be provided in side and rear yards only, at the rate of one (1) space for each four hundred (400) square feet of gross floor area, whichever is greater, for philanthropic or charitable uses.
(d)
All off-street parking provided within thirty (30) feet of any property line shall be protected from adverse impact upon adjacent properties through a visual screen of planting not less than four (4) feet high, of a type or types of planting approved by the approving board, with buffer areas designed in conformance with this chapter.
(e)
In addition to all other requirements, there shall be provided one (1) square foot of open space for every one (1) square foot of building area, in plan, at the ground level.
(6)
Public and private institutions for education, not operated for profit. Educational uses, including public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory educational requirements of the state, may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:
(a)
A set of plans, specifications and plot plans shall be filed with the approving authority, showing overall dimensions, topographic conditions, the location, dimensions and intended use of existing and proposed buildings, parking areas, the relationship of the proposed use to streets and adjacent properties and other physical features which might impact upon the general welfare.
(b)
Before issuing a permit, the approving board shall determine that the following standards are met:
[1]
A school site shall have direct access onto an existing or proposed secondary arterial or collector road as indicated on the Municipal Master Plan.
[2]
The minimum lot area for an elementary school shall be five (5) acres plus one (1) additional acre for each one hundred (100) pupils.
[3]
The minimum lot area for all other schools shall be ten (10) acres plus one (1) additional acre for each one hundred (100) pupils.
[4]
No building shall be located closer than one hundred (100) feet to any property line.
[5]
Solid fencing shall be provided along adjoining residential properties to be so located and of a size and type sufficient to keep children from entering upon such properties either in the course of play or in traveling to and from school.
[6]
Buffers and screening shall be provided in accordance with the provisions of this chapter.
[8]
Nursery schools with an attendance of more than five (5) children shall be considered educational uses and shall be subject to the provisions of this section.
[9]
Nursery schools serving more than twenty-five (25) children shall contain a minimum lot area of one (1) acre plus one (1) acre for twenty-five (25) children or fraction thereof.
[10]
Permitted signs: one (1) freestanding sign not larger than ten (10) square feet in area and not exceeding eight (8) feet in height; in addition, facade signage occupying an area no greater than five percent (5%) of the front facade.
[11]
Lot coverage shall not exceed thirty percent (30%).
(7)
Public utility facilities, structures and services. Electrical substations, telephone exchanges, telephone booster stations, gas metering stations, transformers and water and/or sewer pumping stations may be permitted in any zone, provided that:
(a)
A statement setting forth the need for and the purposes of the installation is filed with the approving board.
(b)
The approving board finds that the proposed installation in the specific location is necessary or convenient for the operation of the public utility system or for the satisfactory provision of service to the neighborhood or area in which the particular use is to be located.
(c)
Utility distribution or collection lines for water, gas, sewerage, electric and telephone services which are located in a public street or which service private property in the municipality are exempt from this subsection.
(d)
Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening or solid fence screening to conceal such apparatus year-round.
(e)
Any installation under this section to be performed by a servicing utility shall be subject to inspection and certification by the Municipal Engineer, unless specifically and documentably exempt by operation of state law.
(f)
Plans, specifications and plot plans and a statement setting forth the dimension, location and details of the installation shall be submitted.
(g)
Proof is furnished to the approving board that the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system to the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located, and further provided that the design of any building in connection with such facility conforms to the general character of the zone and will not adversely affect the safe and comfortable enjoyment of the property rights of the zone in which it is located, that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping, including shrubs, trees and lawn, is provided and will be periodically maintained.
(h)
All other requirements for the zone in which the use is to be located shall apply.
(i)
Cellular phone installations provided that they are co-hung on existing facilities and they are screened and/or camouflaged.
(8)
Quasi-public uses. Quasi-public uses, as defined in this chapter, may be permitted in those districts designated in this chapter upon application for a permit and upon determination by the approving authority that the following standards and conditions are met:
(a)
A set of plans, specifications and a statement setting forth full particulars on the operation of the use shall be provided.
(b)
It is ascertained that the proposed use is a bona fide nonprofit organization, operated solely for the recreation and enjoyment of the members of the organization or for the public good.
(c)
It is ascertained that the proposed use in the proposed location will not adversely affect the safe enjoyment of property rights or otherwise adversely affect the compatibility with adjacent properties; that the design of any structures erected in connection with such use are in keeping with the general character of the residential area; and that sufficient landscaping, including trees, shrubs and lawn, is provided to serve as a buffer between the use and adjoining residential properties and to ensure an attractive appearance for the use.
(d)
The minimum lot area shall be forty thousand (40,000) square feet and the minimum frontage shall be two hundred (200) feet.
(e)
No building, structure or active recreational facilities shall be located within fifty (50) feet of an adjacent residential property line.
(f)
The maximum membership limit of an organization shall be fixed at the time of application and shall be commensurate to the amount of land to be used and the exact nature of the use. No further expansion shall be made unless additional land is acquired and supplemental application is made. All elements of the plan shall conform to the design and performance standards of this chapter.
(g)
The applicant shall be required to establish that the active membership of the organization shall be equivalent to the maximum occupancy limitation applicable under all building and fire codes having jurisdiction for the structure under construction.
(h)
Off-street parking shall be provided at the ratio of one (1) off-street parking space for each four (4) occupants or one (1) space per each one hundred (100) square feet of gross floor area, whichever is greater, for the cumulative occupancy of all activity areas within the facility or structure.
(i)
Where parking areas are adjacent to a residential zone, a ten-foot-wide buffer strip, including fences and shrubs, no less than six (6) feet high shall be provided.
(j)
Landscaping and buffering shall be provided in accordance with this Article for the zone in which the use is located.
(9)
Storage tanks; tanks for the storage of materials. In the zones specifically permitting this use, the following standards and criteria shall be met:
(a)
Maximum tank storage capacity:
[1]
In the M-3 Zone, the capacity of any one (1) storage tank shall not exceed two hundred fifty thousand (250,000) barrels.
(b)
The proposed tank installation and use conforms to all applicable federal, state, county, municipal and regional design and safety standards.
(c)
The spacing of tanks to each other or other structures conforms to the distances established in N.J.A.C. 12:133, as revised.
(d)
The maximum tank height, measured from the top of the foundation to the top of the shell, is sixty (60) feet in the M-3 Zone, with an additional five (5) feet of height in either zone to the highest point of the tank roof or of any vent, rail or other appurtenances. Thus, in the M-3 Zone, the highest point shall not exceed sixty-five (65) feet.
(f)
The placement of each proposed group or field of storage tanks shall be such as to permit sufficient access for firefighting equipment in compliance with all federal, state, and local requirements. At a minimum, a twenty-five (25) foot wide fire access strip shall be established along all sides of each proposed storage tank, or proposed group or field of tanks, in addition to required buffers. Said strip shall be free of obstructing structures, parking or loading areas. Access to the strip shall be maintained from a public street.
(g)
Sufficient information shall be provided to indicate what provisions for fire protection have been made. Plans shall be reviewed by the Fire Subcode Official of the municipality.
(h)
Secondary containment shall be designed for proposed storage tank, with plans submitted detailing the height, thickness, construction material, drainage and valving design, with calculations submitted ensuring the positive storage capacity in accordance with N.J.A.C. Title 7, Chapter 1E "Discharges of Petroleum and Other Hazardous Substances" and the Code of Federal Regulations 40 CFR 112 "Oil Pollution Prevention". These standards require a positive storage capacity of the volume of the largest tank within the containment areas, plus six (6) inches of rainwater.
(10)
Townhouses. In those zones specifically permitting townhouses as a conditional use, the following requirements and standards shall be met:
(a)
The maximum gross density of dwelling units in a townhouse development shall not exceed ten (10) units per acre for the total lot area.
(b)
The minimum width of any townhouse shall be twenty (20) feet.
(c)
No more than eight (8) townhouse units shall constitute a townhouse row or attached row of units in one (1) building.
(d)
The townhouses shall be constructed in a staggered fashion so that the front wall of every two (2) townhouse units is a minimum of four (4) feet from the front building line of the two (2) townhouse units on either side.
(e)
Each townhouse unit shall have two (2) means of entrance and exit separate and apart from that of any other unit.
(f)
Each townhouse unit shall have two (2) exterior walls with window access to light and air.
(h)
The following open space requirements shall be met:
[1]
A minimum to twenty-five percent (25%) of the total site area shall be devoted to open space.
[2]
At least an additional ten percent (10%) of the total site area shall be developed active and passive recreation facilities.
[3]
Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.
[4]
For purposes of this provision, open space, open space area and recreation area shall be exclusive of required front, side and rear yards, driveways, parking areas and loading or storage areas and shall be maintained exclusively for residents of the site. All required open space areas and required recreation areas shall be fully contiguous and accessible to the residential development which they serve.
(i)
A planted buffer area shall be provided along all exterior lot lines. The buffer shall be a minimum width of ten (10) feet. Planting material shall be at least six (6) feet in height at the time of planting.
(j)
All areas not devoted to structures, parking areas and other required uses shall be landscaped in accordance with a approved landscape plan. Wherever possible, natural features and existing trees shall be preserved.
(k)
Parking areas, driveways and walkways shall be illuminated, screened and buffered with shade trees and evergreens.
(l)
All street, roads, driveways and other public improvements shall be constructed and maintained in accordance with this chapter.
(11)
Two-family dwellings. In those zones specifically permitting two-family dwellings as a conditional use, the following requirements and standards shall be met:
(a)
Minimum lot area — five thousand (5,000) square feet.
(b)
Minimum lot width — fifty (50) feet.
(c)
Minimum lot depth — one hundred (100) feet.
(d)
Minimum front yard setback — twenty (20) feet.
(e)
Minimum one (1) side yard setback required — five (5) feet.
(f)
Minimum total side yard setback required — ten (10) feet.
(g)
Minimum rear yard — thirty (30) feet.
(h)
Maximum permitted height — twenty-eight (28) feet.
(i)
Maximum number of stories — two (2.0).
(j)
Maximum lot coverage by building — thirty-five percent (35%).
(k)
Maximum impervious coverage — forty-five percent (45%).
(l)
Minimum gross floor area per dwelling unit — eight hundred fifty (850) square feet.
(m)
Minimum distance between buildings — six (6) feet.
(12)
Clubs. In those zones specifically permitting clubs as a conditional use, the following requirements and standards shall be met:
(13)
Billboards. In those zones specifically permitting billboards as a conditional use, the following requirements and standards shall be met:
(a)
Billboards shall be located and erected to be visible to Route 440 traffic only, and be of monopole support construction.
(b)
Billboards shall be in compliance with all local, state and federal requirements.
(c)
Billboards shall not be illuminated.
(d)
Billboards shall not exceed two hundred fifty (250) square feet in area.
(14)
Body art establishments. In those zones specifically permitting tattoo and piercing establishments as a conditional use, the following requirements and standards shall be met:
(a)
Building windows shall provide an unobstructed view from the street, and shall not be boarded up, shuttered or otherwise covered. Privacy screening for services shall instead be provided from within the building interior.
(b)
Signs shall be limited to one sign mounted on each customer entrance barring admittance to persons under the age of 18, and one sign in compliance with Article XI of this chapter, containing either the words "Artist's Body Painting Studio," "Tattoo Shop," "Tattoo Parlor," or "Piercing Shop." No other signs or advertising shall be permitted on the premises. Murals in compliance with § 250-16 through § 250-20 may be permitted.
(c)
No such use shall be permitted on a lot having any of its lot lines located within 250 feet of a lot containing a school or church, or within 1,000 feet of a similar type of use.