Scotch Plains City Zoning Code
§ 23-5.2
Permitted Conditional Uses.
a.
Public utility uses, such as water filtration plants, sewerage disposal plants, pumping stations, high voltage transmission lines and towers, electric substations, telephone exchanges and repeater stations, but no service or storage yards, subject to the following:
1.
Proof is furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and that the satisfactory and convenient provisions of service to the neighborhood or area in which the facility is to be located.
2.
The design of any building or structure required for such use conforms to the general character of the area in which it is located.
3.
Adequate fencing and landscaping will be provided, maintained and replaced as required.
4.
The lot on which located is sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility without any of the structural portions of the use or parking facilities being closer than 25 feet to adjacent properties.
b.
Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract, subject to the following:
1.
In addition to the material required for the application as specified in Subsection 23-5.3, the application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material to guarantee to the satisfaction of the approving authority the following:
(a)
The organization is, or will be, a bona fide nonprofit religious group organized purely for the benefit of its membership, and such other activities normally carried on by religious groups.
(b)
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that the premises may be made available on a rental basis for meetings of other groups, private social functions and the like; seasonal outdoor events such as fairs and the like shall be exempt from the above section.
2.
The area of the lot on which the proposed use is to be located shall have a minimum area of three acres and a minimum width of 150 feet.
3.
The coverage of the lot by structures and buildings will not exceed 20%.
4.
No building will be located within 60 feet of a street line nor within 50 feet of a side or rear property line.
5.
Off-street parking space shall be provided at a rate of one space for each six seats in the church building and one for each four seats in any other form of meeting room space.
(a)
Such parking space shall not be located within the front yard area nor within 30 feet of a property line and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity and locations to preclude the transmission of headlight glare or other lighting to adjacent properties and to preclude view of the parking area from a public street.
6.
One sign may be permitted, which may be illuminated by non-flashing light. Such signs shall not be located within 10 feet of a street or property line nor in any manner which would create a hazard. Such sign shall not exceed 20 square feet on either of two sides.
c.
Public schools and private schools and institutions of higher learning operated by charitable, religious or eleemosynary organizations, which are not conducted as a business, subject to the following:
1.
The site area is five acres, plus one additional acre for every 100 pupils or portion thereof of maximum capacity.
2.
The lot coverage does not exceed 15%.
3.
No building is located within 100 feet of a street or property line.
4.
Sufficient off-street parking space shall be provided to ensure that the use will not cause parking in a public street during the course of normal educational programs.
5.
Martial arts studios, gymnastic schools, fitness centers, dance studios, performing arts centers, art schools and the like shall be deemed not to be included in this section as a conditional use.
d.
Special needs schools, as defined in this chapter, and located within the B-1 District only, subject to the following:
1.
The site area is one acre, plus one additional acre for every 100 pupils or portion thereof of maximum student enrollment.
2.
The building coverage does not exceed 30%.
3.
The building setbacks to conform to the requirements of the B-1 Zone.
4.
Sufficient off-street parking space shall be provided to ensure that the use will not cause parking in a public street during the course of normal educational programs.
5.
Martial arts studios, gymnastic schools, fitness centers, dance studios, performing arts centers, art schools and the like shall be deemed not to be included in this section as a conditional use.
6.
Public schools and private, parochial, and charitable educational institutions and the like that are not approved by the State of New Jersey Department of Education exclusively for children with disabilities shall be deemed not to be included in this section as a conditional use.
7.
Wherever this use abuts a residence zone, a fifteen-foot-wide buffer area, as defined in this chapter, shall be provided adjacent to the residence zone boundary or adjacent to any residential property or use. Such buffer area shall be suitably planted and maintained with landscape materials of such species and sizes, in a manner approved by the approving authority, as will preclude any detrimental effect upon the adjacent residence zone or adjacent residential property or use.
8.
The special needs school is the principal use on the subject property.
e.
"Motor vehicle service establishments" shall mean the following:
1.
Business, properties and structures in conjunction with the process of:
(a)
Sales and dispensing of motor vehicle fuels, sales of products associated with motor vehicles repair of motor vehicles subject to the following:
(1)
A minimum lot area of 15,000 square feet shall be provided, together with a minimum lot width of 100 feet. In addition, if the land use board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard, or other such considerations, is such that a larger site is in the public interest, then it shall impose such additional requirements.
(2)
Such lot shall be located within the following limitations:
(4)
All fuel tanks or other such containers for the storage of flammable materials, either liquid or solid, shall be installed underground at sufficient depth to ensure against hazard of fire or explosion.
(5)
Parking facilities shall be maintained as follows:
(i)
Two square feet of space for each square foot of floor area in the primary building.
(ii)
Where such parking areas abut a residential zone, or adjacent residential property, they shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Land Use Board, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of five feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(iii)
Driveways to parking area shall be limited to two for each 100 feet of frontage. Such driveways shall not be less than 12 feet nor more than 25 feet in width.
(iv)
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this section.
(6)
Signs erected in conjunction with the use shall be limited as follows:
(i)
One freestanding identification sign which does not exceed 40 square feet on any one side nor 20 feet in height. Such sign may be illuminated, but illumination shall be from within and be nonflashing. Light-emitting diode (LED) signs shall be permitted. Such signs may be located in the front yard area but shall not be closer than 10 feet to a street line.
(ii)
Two signs may be mounted on the front facade of the building, provided that the total area of such signs does not exceed 20% of the area of the front facade, including window and door area.
(iii)
Temporary signs advertising sales, premiums and other such temporary activities may be mounted on the window or door surfaces of the structures provided that the total of such signs at any one time does not exceed 20 square feet.
(iv)
The commercial use of flags or the use of windmills, banners, flashing or animated signs is prohibited, other than for a period of seven days from the date of opening of a new establishment.
(7)
Accessory goods for sale may be displayed out of doors on the pump island end and the building island only and shall be stored in a suitable rack or container.
(8)
Canopies, if provided, shall be allowed to be lighted for safety; any signs located on the canopy shall not exceed 5% of the canopy facade. Canopies shall not exceed 18 feet in height. Kiosks, if provided, shall be located under the canopy.
(b)
Dispensing of motor vehicle fuels only, incidental sales of products associated with motor vehicles, which does not include the installation or repair of those products:
(1)
A minimum lot area of 10,000 square feet shall be provided, together with a minimum lot width of 100 feet. In addition, if the Land Use Board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard, or other such considerations, is such that a larger site is in the public interest, then it shall impose such additional requirements.
(2)
Such lot shall be located within the following limitations:
(3)
Yard requirements, which are applicable to all pumps, mechanical equipment and other appliances in addition to the main structure are as follows:
(4)
All fuel tanks or other such containers for the storage of flammable materials, either liquid or solid, shall be installed underground at sufficient depth to ensure against hazard of fire or explosion.
(5)
Parking facilities shall be maintained as follows:
(i)
A minimum of five spaces shall be provided to employees and support staff only.
[a]
There shall not be any overnight parking or the keeping, storing or maintaining of any vehicles at any time on the premises.
(ii)
Where such parking areas abut a residential zone, or adjacent residential property, they shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of five feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(iii)
Driveways to parking area shall be limited to two for each 100 feet of frontage. Such driveways shall not be less than 12 feet nor more than 25 feet in width.
(iv)
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this section.
(6)
Signs erected in conjunction with the use shall be limited as follows:
(i)
One freestanding identification sign which does not exceed 40 square feet on any one side nor 20 feet in height. LED signs shall be permitted. Such sign may be illuminated, but illumination shall be from within and be nonflashing. Such signs may be located in the front yard area but shall not be closer than 10 feet to a street or property line.
(ii)
Signs may be mounted on the front facade of the canopy, provided that the total area of such signs does not exceed 20% of the area of the front facade of the canopy.
(iii)
Temporary signs advertising sales, premiums and other such temporary activities may be mounted on the window or door surfaces of the structures, provided that the total of such signs at any one time does not exceed 20 square feet.
(iv)
The commercial use of flags or the use of windmills, banners, flashing or animated signs is prohibited, other than for a period of seven days from the date of opening of a new establishment.
(7)
Accessory goods for sale may be displayed out of doors on the pump islands and under the canopy only and shall be stored in a suitable rack or container.
(8)
Canopies, if provided, shall be allowed to be lighted for safety; any signs located on the canopy shall not exceed 5% of the canopy facade. Canopies, if provided, shall not exceed 18 feet in height. Kiosks, if provided, shall be located under the canopy.
(c)
Dispensing of motor vehicle fuels in conjunction with retail sales not incidental to sales of products associated with motor vehicles, service and repair, which does not include the installation or repair of those products.
(1)
A minimum lot area of 10,000 square feet shall be provided, together with a minimum lot width of 100 feet. In addition, if the approving authority finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard, or other such considerations, is such that a larger site is in the public interest, then it shall impose such additional requirements.
(2)
Such lot shall be located within the following limitations:
(4)
All fuel tanks or other such containers for the storage of flammable materials, either liquid or solid, shall be installed underground at sufficient depth to ensure against hazard of fire or explosion.
(5)
Parking facilities shall be maintained as follows:
(i)
One space for each 200 square feet of gross floor area in the retail space.
[a]
A minimum of five spaces shall be provided to employees and support staff only [these spaces shall not be included in the calculation of the spaces used for the retail use as calculated in Subsection 23-5.2e1(a) above.]
[b]
There shall not be any overnight parking or the keeping, storing or maintaining of any vehicles at anytime on the premises.
(ii)
Where such parking areas abut a residential zone, or adjacent residential property, they shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both, which, in the opinion of the Land Use Board, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of five feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(iii)
Driveways to parking area shall be limited to two for each 100 feet of frontage. Such driveways shall not be less than 12 feet nor more than 25 feet in width.
(iv)
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this section.
(6)
Signs erected in conjunction with the use shall be limited as follows:
(i)
One freestanding identification sign which does not exceed 40 square feet on any one side nor 20 feet in height. LED signs shall be permitted. Such signs may be illuminated but illumination shall be from within and be nonflashing. Such signs may be located in the front yard area but shall not be closer than 10 feet to a street line.
(ii)
Signs may be mounted on the facades of the building, provided that the total area of such signs does not exceed 20% of the area of the front facade, including window and door area.
(iii)
Temporary signs advertising sales, premiums and other such temporary activities may be mounted on the window or door surfaces of the structures, provided that the total of such signs at any one time does not exceed 20 square feet.
(iv)
The commercial use of flags or the use of windmills, banners, flashing or animated signs is prohibited only than for a period of seven days from the date of opening of a new establishment.
(7)
Accessory goods for sale may be displayed out of doors on the pump island end and the building island only and shall be stored in a suitable rack or container.
(8)
Canopies, if provided, shall be allowed to be lighted for safety; any signs located on the canopy shall not exceed 5% of the canopy facade. Canopies, if provided, shall not exceed 18 feet in height. Kiosks, if provided, shall be located under the canopy.
f.
Buildings operated by chartered membership organizations for the benefit of the public and not for profit may be permitted in R-1, R-2, R-3, R-3A, B-1, B-1A, B-2, and B-3 Zones, subject to the following:
1.
In addition to the material required for the application as specified in Subsection 23-5.3, the application shall be accompanied by the existing or proposed certificate of incorporation and bylaws of the existing organization. Such material shall guarantee, to the satisfaction of the Planning Board, the following:
(a)
The organization is, or will be, a bona fide nonprofit group organized solely for the benefit and enjoyment of its members, who shall be primarily residents of Scotch Plains and the surrounding communities.
(b)
The use will not involve the sale or consumption of liquor or alcoholic beverages in any form unless the approving authority specifically finds that such sales or consumption will not be detrimental to the character of the area and the safety and welfare of the public.
(c)
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
(1)
The sale of products or materials will be allowed where its purpose is to finance the activities of the organization; or
(2)
That the premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
(i)
The maximum membership and guest limit of the organization is fixed at a level which is commensurate with the scale of facilities to be provided. Overnight accommodations shall be permitted in connection with social events and in case of emergencies.
(d)
The hours of use are fixed in a manner in which the property rights of nearby property owners will not be adversely affected.
2.
The proposed use is located on an arterial, primary or secondary street as established by the Township Master Plan.
4.
The coverage of the lot by structures will not exceed 20%.
6.
Off-street parking space shall be provided at a rate of one parking space for each four memberships over the age of 17. Such parking space shall not be located within 30 feet of a property or street line and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, at least four-feet-high landscape plantings shall be provided in sufficient quantity and locations and maintained and replaced as required to preclude the transmission of headlight glare or other lighting to adjacent property.
g.
(Reserved)
h.
(Reserved)