Phillipsburg City Zoning Code
ARTICLE XVIII
Conditional Uses
§ 625-81 Declaration of purpose.
Purpose. Recognizing that certain uses are necessary to serve the needs and convenience of the Town, but which uses may be or become inimical to the public health, safety and general welfare by reason of their inherent nature and/or operation and, therefore, require special and proper consideration of existing and probable future conditions and characteristics of the surrounding area, this chapter provides that such uses are declared to be conditional uses for the zones in which they are permitted, pursuant to N.J.S.A. 40:55D-67.
Requirement. Uses which are specifically authorized in this chapter as conditional uses may be permitted in the particular zone where authorized if found appropriate in the specific location and circumstances upon the approval of such conditional use by the Board in conjunction with site plan review, pursuant to application and approval by the Planning Board or Board of Adjustment,[1] as appropriate, and such conditional use shall adhere to the minimum standards specified for that particular use by the applicable regulations of this chapter and shall further conform to such other conditions and requirements as may be stipulated in the Board approval of the conditional use.
[1]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).
The Planning Board has the authority to grant approval for conditional uses meeting the specifications and standards for such uses as set forth in this chapter. The applicant is required to affirmatively state that all applicable conditional uses are met. No variance to deviate from the standards and specifications of a conditional use shall be granted by the Planning Board. In such cases, the Board of Adjustment[2] is empowered to act in accordance with N.J.S.A. 40:55D-70d(3) of the Municipal Land Use Law.
[2]
Editor's Note: Ordinance No. O:2014-09, adopted 4-1-2014, dissolved the Zoning Board of Adjustment and vested the Planning Board with the powers and duties and functions of the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-25(c)(1).
§ 625-82 General standards for conditional uses.
In its consideration of any application for a conditional use, the following general standards shall be applied:
Such use shall be one which is specifically authorized as a conditional use in the zone within which such particular site is located and shall conform to all applicable regulations and standards governing the zone in which it is permitted, except as may be modified by this section.
Such use shall adhere to the minimum standards specified for that particular use by the Schedule of Area, Lot and Bulk Requirements,[1] the specific regulations for conditional uses found in this and all other applicable regulations of this chapter.
[1]
Editor's Note: The Schedule of Area, Lot and Bulk Requirements is included at the end of this chapter.
The design, characteristics and operation of the use shall be such that the public health, safety and general welfare will be protected and reasonable consideration is afforded to the following:
The conditional use is found not to impair substantially the use and enjoyment of surrounding properties, not to impair substantially the character of the surrounding area and not to have any substantial adverse effect on surrounding properties.
The conditional use is found not to affect adversely the plans for the physical development of the Town as embodied in this chapter and in the Comprehensive Master Plan.
The conditional use shall be of such appropriate size and so located and laid out with respect to access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the character of the general neighborhood.
For every such use, the appropriate Board shall make its findings supported by evidence produced at a public hearing in the manner provided by law.
§ 625-83 Procedure for authorization.
Application. Application authorizing a conditional use shall be made to the appropriate Board on forms provided by the Secretary to the Board. The application shall include an application for the site plan review in order to show compliance with this section.
The appropriate Board shall grant or deny an application for a conditional use within the time provided in the Municipal Land Use Law, its amendments and supplements thereto[3] or within such further time as may be consented to by the applicant.
The review by the Board of a conditional use shall include the required site plan review.
Whenever review or approval of the application by the County Board is required, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required period.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Board shall grant or deny application for a conditional use within 95 days of submission of the complete application by the developer to the administrative officer designated by the Board or within such further time as may be consented to by the applicant.
The time period for action by the Board on conditional uses shall also apply to the required site plan review. The Board shall review the conditional use and site plan application simultaneously.
Failure of the Board to act within the period prescribed shall constitute approval of the application.
If approved, the Board shall direct the Zoning Officer to issue to the applicant a zoning permit, which permit shall include the conditions of approval, if any. The applicant shall likewise be provided with a copy of the Board's memorializing resolution upon adoption.
If denied, the applicant shall be furnished a copy of the Board's memorializing resolution thereon, which shall state the Board's reasons for disapproval.
The Board may issue a conditional use permit for the proposed use if it finds that:
The proposed area shall be sufficient for the intended purpose.
Adequate parking facilities are provided.
The means of ingress and egress are adequate to prevent traffic hazards, congestion or excessive interference with normal traffic movement on adjacent public streets and thoroughfares.
The buildings and use are appropriately located with regard to fire protection.
The building and use will meet a community need and will not adversely affect neighboring properties and that the use or development of such lands will promote the public health, safety, morals and general welfare.
The proposed use will not cause substantial detriment to the public good in general nor impair the intent and purpose of the Zoning Ordinance and the Master Plan.
§ 625-84 Adult entertainment and recreation.
Intent. The governing body of the Town of Phillipsburg, County of Warren and State of New Jersey, has found as a fact that there are some uses which, because of their very nature, are recognized as having serious objectionable characteristics particularly when several of them are concentrated in an area thereby having a deleterious effect upon the surroundings. Special regulation of these uses is necessary to ensure that these adverse effects will not have a detrimental effect on the surrounding neighborhoods.
Conditional uses within this classification. Adult bookstores, adult motion-picture theaters, massage parlors and cabarets are permitted as a conditional use in the B-2 Zone.
Provisions and requirements. In addition to the requirements specified in the Schedule of Area, Lot and Bulk Requirements,[1] applicable requirements of the general regulations throughout and the standards required for an approved site plan, the following requirements and standards shall be applicable:
No such place of amusement or another adult entertainment shall be located within 750 feet of a residence, another adult entertainment center, school or church, regardless of whether or not such zone is actually developed for residences, which distance shall be measured along a straight line from the nearest boundary line of the lot on which the proposed use is to be located and the nearest point of the residential zone.
No such place of amusement, recreation or assembly shall be permitted as an accessory use to a permitted use unless the Planning Board shall first have issued a permit as required by this chapter.
No such place of amusement, recreation or assembly shall have a floor area greater than 1,000 square feet.
[1]
Editor's Note: The Schedule of Area, Lot and Bulk Requirements is included at the end of this chapter.
§ 625-85 Light manufacturing; wholesale trade; construction and contracting business.
Light manufacturing may be permitted in the B-2, B-3 and B-4 Zones if found appropriate as a conditional use with the following conditions:
All operations and activities, except parking, are carried on within an enclosed existing building.
No nuisance factors shall be detectable beyond the building.
Heavy truck traffic shall be limited to two trips per day.
All storage and operations must be confined within the building.
Waste removal shall conform to federal, state and local ordinance.
A traffic study shall be provided, the extent and specificity of which shall be determined by the Town Engineer.
§ 625-86 Small business.
§ 625-87 Home occupations.
Home occupations are permitted in the R-75 and R-50 Zones if found appropriate as a conditional use under the following conditions:
The home occupation shall be accessory to a residence and within a dwelling or other structure accessory thereto.
There shall be no use of show windows, display or advertising visible outside the premises.
There shall be no exterior storage of materials.
In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from the residential character by the use of colors, materials, construction, lighting, show windows or advertising visible outside the premises to attract customers or clients, other than those signs permitted by § 625-38B, nor shall there be any external structural evidence of nonresidential use.
The home occupation shall be carried on only by inhabitants of the dwelling and not more than one additional employee.
There shall be no more than one home occupation per dwelling unit and accessory structure(s) thereto.
Total floor area dedicated to the home occupation shall not exceed 400 square feet of area.
There shall be no vehicular traffic associated with the home occupation greater than five round trips per day.
Such use shall not require parking, deliveries or other external traffic other than that normally required by the residential use and the permitted number of round trips per day.
Family day-care home.
There shall be no vehicle traffic associated with the family day-care greater than 10 vehicle trips per day.
The family day-care home must be registered as a family day-care with the State of New Jersey and with the division that it contracts.
§ 625-88 Multiple-family dwellings.
Multiple-family dwellings are permitted in the R-75 and R-50 Zones if found appropriate as a conditional use under the following conditions:
Multiple-family dwellings shall be located in existing buildings of which use was previously nonconforming.
There shall be no more than one dwelling unit per 1,800 square feet of lot area.
The minimum floor areas shall be:
Type of Dwelling Unit | Minimum Floor Area (square feet) | |
|---|---|---|
Efficiency | 500 | |
1-bedroom | 750 | |
2-bedroom | 1,000 | |
3-bedroom | 1,250 |
There shall be a minimum of 250 cubic feet for efficiency units and a minimum of 400 cubic feet for one- to three-bedroom dwelling units of storage per dwelling unit.
Areas not used for parking must be landscaped.
Exterior fire escapes and outside stairways shall be located at the rear or side of the structure.
§ 625-89 Community residences.
Community residences for the developmentally disabled and community shelters for victims of domestic violence are permitted in the R-75 and R-50 Zones under the following conditions:
The residence or shelter may not be located within 1,500 feet of another such residence or shelter.
No more than six residents shall be housed, not including staff.
The total number of residents, not including staff, of such shelters in the Town of Phillipsburg shall not exceed 50 persons or 1/2 of 1% of the population, whichever is greater.
§ 625-90 Communications facilities.
[Added 6-5-2001 by Ord. No. O:2001-07]
The purpose of this section is to provide sound land use policies, procedures and regulations for personal wireless telecommunications facilities to minimize the on- and off-site effects of those facilities. The section is designed to create the opportunity to locate communications facilities in areas which, in the opinion of the Town, will have the least impact on the character of the community nor will it encroach on the reasonable expectations of the residents of the Town that their homes and personal safety remain protected. The overriding objective of this section is to ensure that the public health, safety and welfare is safeguarded and that the following purposes of the Municipal Land Use Law (MLUL) are advanced (see N.J.S.A. 40:55D-2):
To secure safety from fire, flood, panic and other natural and man-made disasters.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the state and to prevent urban sprawl and degradation of the environment through improper use of land.
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
Definitions. As used in this section, the following terms shall have the meanings indicated:
A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is attached to a building or other structure on which one or more antennas are located.
Use of a common telecommunications tower or antenna support structure or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of antennas on a structure owned or operated by a utility or other public entity.
A commercial facility licensed by the Federal Communications Commission transmitting/receiving air time, available equipment and customary support facilities, access and security facilities. This specifically does not include microwave or television transmission.
A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
Use permitted; bulk requirements. Communications facilities are permitted in all zones as a conditional use, subject to the following bulk requirements and other conditions:
Minimum lot area: 10,000 square feet.
Minimum setback to any property boundary or recreation facility: 125% of the height of the structure.
Maximum height of structure: 120 feet, except where more than one set of commercial transmitting/receiving antennas are collocated on a tower, the total height of the tower shall be not greater than 180 feet. This shall be measured as the overall height, including antennas.
If cellular communications facilities are located on the roof of a building, the area of the cellular communications facility and other equipment and structures shall not occupy more than 25% of the roof area. Height and setback required shall be as measured from the ground level.
No such facility shall be located within 500 feet of a residential dwelling or within 1,000 feet of a school.
Site plan approval by the Town of Phillipsburg Planning Board shall be required.
In the event such communications facilities are abandoned or not operated for a period of one year, the same shall be removed, at the option of the Town, at the sole expense of the operator.
Noise levels at any property line shall be not more than 50 decibels.
Any generator located on the site shall be within an equipment structure. All fuel shall be contained in accordance with NJDEP requirements.
It is the specific intent of this section to avoid clearing beyond that required for access to the facility, its construction and maintenance.
Location priority is given to existing cellular communications facilities or water tanks, to existing high-tension-wire structures as regulated by state and federal regulations, to municipal land and such other location as the applicant proves is essential to provide required service to the Phillipsburg community. Applicant shall document its efforts to meet these priority requirements.
All cellular communications facilities shall be located to minimize visual impact on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection C(13)(a) shall be deemed more acceptable than lower priority sites.
Cellular communications facilities shall be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility shall be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
Sites for cellular communications facilities must demonstrate that they provide minimal visual impact on residential areas and public ways. Potential visual impact must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
Application for cellular communications facilities shall demonstrate that, to the extent feasible, historically significant views, streetscapes and landscapes have been considered and avoided in the siting of a cellular communications facility.
Cellular communications facilities shall be deemed a public utility under the Phillipsburg Town Code and shall meet all requirements of this section and of Chapter 447, Property Maintenance.
Collocation. Ordinance limitations on the number of principal uses on a lot shall not apply.
Fencing and other safety devices. Cellular communications facilities shall be surrounded by security features such as a fence. The security fence shall not exceed eight feet in height. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning Board.
Landscaping. Landscaping shall be provided along the perimeter of the security fence and other areas deemed necessary to provide a visual screen or buffer for adjoining private properties and the public right-of-way.
Signs. Signs shall not be permitted except for required signs displaying owner contact information, warnings, equipment information and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any cellular communications facility.
Color. Cellular communications facilities shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.
Lighting. No lighting is permitted except as follows:
Cellular communications facilities enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes.
No lighting is permitted on a cellular communications facility except lighting that specifically is required by the Federal Aviation Administration (FAA), and such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
Monopole. Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. The applicant shall employ camouflage technology.
Radio frequency emissions. The FCC has sole jurisdiction of the field of regulations of radio frequency (RF) emissions. Cellular communications facilities which meet the FCC standards shall not be conditioned or denied on the basis of RF effects. Applicants shall provide current FCC information concerning cellular communications facilities and radio frequency emission standards. Cellular communications facilities shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
Structural integrity. Cellular communications facilities must be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated and amended.
Maintenance. Cellular communications facilities shall be maintained to assure their continued structural integrity. The owner of the cellular communications facility shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance. Safety inspections shall be performed not less than once per year. A report indicating the condition of all facilities shall be submitted to the Town Clerk not later than January 10 of any given calendar year following installation of the facility.
Each application for a cellular communications facility shall be accompanied by a plan which shall reference all existing cellular communications facility locations in the applicant's Phillipsburg inventory, any such facilities in the abutting towns within or without New Jersey which provide service to areas within the Phillipsburg community and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
How the proposed location of the proposed cellular communications facility relates to the objective of providing full wireless communications services within the Town of Phillipsburg.
How the proposed location of the proposed cellular communications facility relates to the location of any existing antennas within and near the Phillipsburg community.
How the proposed location of the proposed cellular communications facility relates to the anticipated need for additional antennas within and near the Phillipsburg community and also meets the needs for emergency services communications.
How the proposed location of the proposed cellular communications facility relates to the objectives of collocating the antennas of many different providers of wireless communications services on the same cellular communications facility tower. All such facilities shall make space available for state, county and local emergency communications services.
The Planning Board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternative analysis. The service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with the Town of Phillipsburg's escrow provisions.
Removal of abandoned cellular communications facilities. Any cellular communications facility that has not been operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single cellular communications facility, then the abandonment shall not become effective until all users cease using the cellular communications facility for a continuous period of 12 months. The owner of such cellular communications facility shall remove same within 90 days of notice from the Zoning Officer that the cellular communications facility is abandoned. If such cellular communications facility is not removed within said 90 days, the municipality may remove such cellular communications facility at the owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed at the expense of the facility owner or the private landowner. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year. The owner shall be required to submit to the Town Clerk verification of yearly permits or renewal period. The status of the tower with respect to its continued use shall also be confirmed. The Town of Phillipsburg retains the right to use any abandoned cellular communications facility on municipal property for its own use.
Cellular communications facilities in existence on the date of the adoption of this section, which do not comply with the requirements of this section (nonconforming cellular communications facilities), are subject to the following provision:
Nonconforming cellular communications facilities may continue in use for the purpose now used, but may not be expanded without complying with this section.
Nonconforming cellular communications facilities which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions, subject to obtaining a building permit therefor, but without otherwise complying with this section. If this destruction is greater than 40%, then repair or restoration will require compliance with this section.
The owner of any nonconforming cellular communications facility may repair, rebuild and/or upgrade (but not expand such cellular communications facility or increase its height or reduce its setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities or to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this section.
In addition to the applicable documentation, required escrow fees and items of information required for site plan approval (pursuant to § 510-11), the following additional documentation and items of information are required to be submitted to the Planning Board for review and approval as part of the site plan submission:
Documentation by a qualified expert regarding the capacity of any proposed cellular communications facility for the number and type of antennas.
Documentation by a qualified expert that any proposed cellular communications facility will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas.
A letter of intent by the applicant, in a form which is reviewed and approved by the Town of Phillipsburg Planning Board, indicating that the applicant will share the use of the cellular communications facility with other approved providers of wireless communications services.
A visual impact study, graphically simulating through models, computer-enhanced graphics or similar techniques, the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed cellular communications facility where the cellular communications facility will be most visible. Aerial photographs of the impact area shall also be submitted.
§ 625-91 Professional offices.
[Added 5-3-2005 by Ord. No. O:2005-21]
Professional offices shall be permitted in the R-75 Zone as a conditional use under the following conditions:
Lots used for professional offices shall face and have their sole frontage on Roseberry Street.
Professional offices shall be limited to medical, dental and other health-related professionals, attorneys, engineers, architects, planners and other licensed professionals, CPA's and financial advisors.
Existing dwellings that are converted to offices shall retain their residential character and external appearance, except for the addition of required parking.
New construction shall be residential in scale and style.
Parking shall be provided on-site at a rate of two spaces per professional and one space per other employee or five spaces per 1,000 square feet of building.
Bulk requirements for the R-75 Zone shall be met, with the exception that the rear setback for parking may be reduced to 15 feet, provided a year-round screen in the form of fencing and landscaping occupies the fifteen-foot rear setback area.
Fencing and/or year-round screening shall be provided along property lines abutting residentially zoned lots.
The height of any building utilized for professional offices shall not exceed one story or 25 feet maximum.