South Plainfield City Zoning Code
ARTICLE X
Conditional Uses
§ 540-59 Purpose.
General uses listed as a conditional use may be permitted by the Planning Board only after it has been determined that the development proposal complies with the conditions and standards set forth in this article for the location and operation of such use.
§ 540-60 Automotive gasoline station; automotive service station; automotive gasoline station mini mart.
[Amended 6-24-2013 by Ord. No. 1990]
A.
Automotive gasoline stations, automotive service stations, and automotive gasoline station mini marts shall only be permitted when authorized as a conditional use by the Planning Board in accordance with the following standards:
(1)
Automotive gasoline stations and automotive gasoline service stations shall be a permitted conditional use only in the OBC-1, OBC-2 and OBC-3 zones.
(2)
Automotive gasoline station mini marts shall be permitted as a conditional use in compliance with the following standards:
(a)
An automotive gasoline station mini mart shall have frontage on Durham Road or on Stelton Road.
(b)
The property boundary of the parcel to be developed or redeveloped for an automotive gasoline station mini mart shall be within 1,000 linear feet of the intersection of an entrance or exit ramp of the interchange of Route 287 with a county or Borough roadway.
(c)
An automotive gasoline station mini mart may not be located in a zone district which allows residential uses.
(3)
Lot area, frontage and coverage requirements. Minimum lot area, lot frontage and lot coverage shall be as follows:
Minimum Lot Size (square feet) | Minimum Lot Frontage (feet) | Maximum Building Coverage | ||
|---|---|---|---|---|
Automotive gasoline station | 30,000 | 150 | 10% buildings; 30% building and canopy | |
Automotive service station | 40,000 | 200 | 10% buildings; 30% building and canopy | |
Automotive gasoline station mini mart | 65,000 | 300 | 10% buildings; 25% building and canopy |
(4)
Permitted accessory uses for automotive gasoline stations and automotive service stations: The retail sale of prepackaged food, beverages and other non-automotive-related items, including vending machines, is limited to a maximum floor area of 200 square feet of display area.
B.
Zoning standards. The following zoning standards shall apply to an automotive gasoline station, automotive service station and automotive gasoline station mini mart. A variation or deviation from the zoning standards in this subsection shall be addressed by the board of proper jurisdiction as a bulk variance.
(1)
Off-street parking.
(a)
Off-street parking for automotive gasoline station mini mart: Parking shall be provided on site for the retail use at one space per 200 square feet of retail space and one space for each employee on maximum shift; pump locations are not counted as parking spaces.
(b)
Off-street parking for automotive service stations: There shall be four parking spaces for each repair bay plus one space for each employee on maximum shift. In addition, on-site parking shall be provided for any accessory retail use as permitted in Subsection A(4) at one space per 200 square feet of retail space.
(2)
Landscaping. For an automotive gasoline station, automotive service station and automotive gasoline station mini mart site there shall be provided a minimum five-foot-wide curbed and landscaped area in the front yard of all site pavement areas. The width of the landscaped area shall be measured from the street property line to the interior curb. All areas of the site that are not paved or on which a building is located shall be landscaped.
(3)
Outdoor display. Outdoor display of products for sale or rental, including convenience household, beverage and food items, at a mini mart shall not be permitted.
(4)
Canopies. A cantilevered cover or canopy may be permitted to within 25 feet of the front property line. The canopy shall comply with the maximum height requirement and the required minimum side and rear yard setbacks of the applicable zone district. Any kiosk located beneath a canopy shall be located no closer than 50 feet to any front property line.
(5)
Curb cuts and driveways.
(a)
On a corner lot, a driveway shall be at least 25 feet from the street intersection as measured along the property line.
(b)
Driveways shall be no less than 25 feet and no more than 35 feet wide. The driveway shall be flared or slanted at the curbline to facilitate auto ingress and egress.
(c)
Curb cuts shall be no less than 25 feet from any property line. Where county or state standards apply, the stricter standard shall prevail.
(d)
Any two driveways giving access to a single street shall be separated by a curbed island of at least 20 feet.
(e)
There shall not be more than two curb cuts providing access to any one street.
(6)
Signs.
(a)
Automotive gasoline stations and automotive service stations: The requirements of § 540-54, Signs, of this chapter shall apply to an automotive gasoline station and an automotive service station. Canopy signs shall be permitted on up to two sides of a canopy, for the purpose of advertising the name of the business only, provided that the sign does not occupy more than 1/4 of the length of the face of the canopy on which it is located and does not extend above or below the face of the canopy.
(b)
Automotive gasoline station mini marts.
[1]
One freestanding site identification sign: The maximum sign area shall not exceed 80 square feet.
[2]
The maximum height of the freestanding site identification sign shall not exceed 15 feet.
[3]
The minimum setback of the freestanding sign from the property line shall comply with § 540-54, Signs, of this chapter.
[5]
Canopy signs: Signs shall be permitted on up to two sides of a canopy, for the purpose of advertising the name of the business only, provided that the sign does not occupy more than 1/4 of the length of the face of the canopy on which it is located and does not extend above or below the face of the canopy.
(7)
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 string of multiple lights shall be permitted. Lighting under a canopy shall be recessed and directed downward. The proposed development shall comply with all Borough lighting standards.
(8)
Pavement. All parking, access and driveway areas shall be paved with a permanent surface such as concrete or macadam in accordance with zoning standards and requirements.
(9)
Location of pumps. All pump islands shall be a minimum of 25 feet from any property line.
(10)
All lifts, lubrication equipment, service pits and automotive-related goods for sale shall be enclosed within the principal site station building.
(11)
The rental or exchange of twenty-pound-or-less propane gas cylinders, such as those used for outdoor cooking appliances, is a permitted accessory use for automotive gasoline stations, automotive service stations and automotive gasoline station mini marts, subject to the following standards:
(a)
The storage area for propane gas cylinders shall be fenced and shall meet the requirements of NFPA 58 as interpreted by the Fire Subcode Official and the Fire Official of the appropriate district. Bollards shall be installed to protect the storage cabinets, tanks and equipment from vehicular impact.
(b)
The storage area for propane gas cylinders shall comply with all minimum setback requirements of the applicable zone district.
(c)
The storage area for propane gas cylinders shall be located within the front yard of any lot and shall be a minimum distance of 50 feet from any street right-of-way line.
(d)
Storage cabinets shall be appropriately screened with fencing, walls or vegetation. With the exception of brick or masonry walls, screening plantings and fences shall not be located closer than five feet to propane cylinder storage cabinets.
(e)
Filling of propane gas cylinders from an on-site propane tank shall not be permitted.
(12)
Trash and garbage. A solid waste enclosure area shall be provided for the temporary storage of trash, garbage, tires 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. Adequate trash receptacles shall be provided adjacent to parking areas for automotive gasoline station mini marts.
(13)
Screening. The site shall be screened by a minimum six-foot-high solid evergreen planting or combination of solid evergreen planting and fence on all sides except within the required front yard setback. Such screening shall not extend into the required sight triangle for any access drive.
C.
Prohibited activities and uses.
(1)
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automotive gasoline or automotive service station shall be prohibited.
(2)
The storage of cars, trucks, trailers, boats or any other vehicle not being serviced or repaired on the premises of an automotive gasoline station or automotive service station shall be prohibited.
(3)
Storage of any vehicle requiring body work or which is inoperable because of major repairs required shall not be permitted.
(4)
The storage of inoperable vehicles classified as junk cars or those not currently registered with the State of New Jersey shall not be permitted.
(5)
Drive-through windows shall not be permitted in an automotive gasoline station mini mart.
§ 540-61 Hospitals, nursing homes and philanthropic or charitable institutions.
A.
Six sets of plans, specifications and a statement, setting forth full particulars for the operation of the structure and its use, shall be filed with the Planning Board.
B.
These said uses may be permitted anywhere in the Borough other than the industrial districts as long as they meet the following requirements:
§ 540-62 Churches or places of worship and incidental structures.
A.
The applicant shall submit to the Planning Board six sets of plans in accordance with the Borough site plan review regulations, setting forth the particulars of the proposed use of any structure or structures involved. The Board shall ascertain, prior to approval, that sufficient egress from each structure is provided in accordance with applicable building and fire prevention codes of the municipality.
B.
The property shall abut and have its main access to at least one arterial road as designated on the Master Plan.
D.
Prior to approval, the Board shall consider the hours of use of any such church or place of worship, the traffic capacity of streets having access to said property, and the proximity of other existing structures having usage during the proposed hours and utilizing the same (or some of the same) access streets. After said consideration, the requirements of this subsection shall be deemed to have been met if the aforesaid elements lead to the conclusion that the additional automobile traffic, if any, generated by the proposed structure or structures will not congest existing streets so as to be detrimental to the safety and welfare of the citizens of the municipality.
E.
Property size shall not be less than the minimum lot size in the zone in which the property is located.
F.
The proposed property and structure or structures upon such property shall conform to the minimum square foot area requirements, minimum yard requirements, maximum lot coverage requirements, maximum height requirements, and minimum first floor area requirements of the zone in which the property is located.[1]
[1]
Editor's Note: Original § 1004, Mother/daughter residential, which immediately followed this section, was repealed 4-14-1994 by Ord. No. 1354.
§ 540-63 Billboards.
[Added 2-20-2003 by Ord. No. 1615; amended 11-22-2010 by Ord. No. 1908]
A.
Location. Billboards are classified as a permitted conditional use on any nonresidential zoned parcel abutting I-287, permitted only within the RH, OBC-3, M-1, M-2 and OPA-1 Zones along I-287, and only within 150 feet of the nearest right-of-way line of I-287 and at least 500 feet from any residential zone boundary, measured to the nearest edge of the billboard sign area, including any copy extensions.
B.
Billboard height. The maximum billboard height shall not exceed 40 feet above the average elevation of I-287 extending 200 feet either side of the proposed billboard location.
C.
Billboard setback. The minimum setback from the I-287 right-of-way shall be 15 feet. The minimum setback from any other lot line or street line shall be 50 feet measured to the nearest edge of the billboard sign area, including any copy extension, except a setback of 500 feet is to be provided from any residentially zoned parcel.
D.
Billboard area. The maximum billboard sign area facing any one direction shall be 672 square feet. Copy extensions beyond the basic billboard sign are permitted, provided they do not exceed 10% of the basic billboard sign area.
E.
Billboard number. A maximum of one billboard per parcel is permitted. The total number of billboard structures located along the I-287 right-of-way shall not exceed four within any linear mile, considering both sides of I-287 (two on each side of the roadway). The minimum interval distance between billboards along the same side of I-287 shall be not less than 1,000 feet.
F.
Billboard orientation. Billboards shall be designed and constructed to confine their lines of sight to I-287 and shall utilize stealth coloring of their supporting members and framework and shall only be permitted if adequately screened by trees, buildings or topography so that their sign copy cannot be read from within any part of a residential zone.
G.
Supplemental regulations.
(1)
Billboards shall not exhibit any flashing, waving, blinking, twinkling, animated, moving, raised or projected elements or illusions of movement.
(2)
No vehicle shall be regularly parked, stopped or located in such a manner to be used as or considered a billboard.
(3)
Billboards shall not emit smoke, steam, visible vapors, particles or sound.
(4)
Billboards shall not be of such design or location that they interfere with, compete for attention with, or may be mistaken for a traffic signal. This shall include the use of an arrow, the words "stop" or "yield" or use of the colors red, yellow or green in direct illumination or in high reflection by the use of special preparations such as fluorescent paint or glass.
(5)
Billboards may be illuminated but shall be arranged so that no light or glare is directed or reflected onto adjoining lots or streets or into windows of any structures used solely for storage in the area or vicinity of the billboard. No external beam shall be directed downward. An illumination must be shielded to prevent spillage off the lot. Billboards shall not exhibit exposed incandescent bulbs, neon tubes or mirrors.
(6)
Billboards shall not display any pornographic images or advertisements for adult entertainment activities or businesses, including but not limited to gentlemen's clubs.
(7)
Billboards shall not exhibit or imply a message which is inconsistent with the Borough goals of protecting the health, safety and welfare of South Plainfield residents as referenced in the South Plainfield Borough Master Plan.
(8)
Billboards shall not use movable, changeable or removable letters, or multiple message signs.
(9)
Billboards shall be of sound construction and shall be permanently affixed to the ground in a manner conforming to the New Jersey Construction Code.
(10)
Billboards shall be periodically maintained by the owner, including painting, repairing and cleaning, as necessary. Any billboard that, because of improper maintenance, is deemed to be in a state of disrepair shall be repaired by the owner of said sign within 14 days of notice requiring repair.
(11)
Evergreen shrubbery is to be provided across the full width of the base of all ground-mounted billboards. Where billboards are raised in the air on a pole(s), a double staggered row of evergreen trees is to be planted around the supporting structure at a maximum interval of eight feet on center, plantings to be 10 feet to 12 feet in height at the time of planting.
H.
Billboards shall be subject to the bulk regulations and yard requirements of the applicable zone as set forth in the Schedule of General Requirements[1] in this chapter, except as otherwise specified in Subsection C above.
[1]
Editor's Note: The Schedule of General Requirements is included as an attachment to this chapter.