[Amended 11-17-1980; 5-17-1982; 6-21-1982; 10-18-1982; 2-4-1985]
A.
Recognizing that certain uses, activities and structures
are necessary to serve the needs and conveniences of the Township
of North Brunswick and, at the same time, recognizing that such uses
may be or may become inimical to the public health, safety and general
welfare if located and operated without proper consideration being
given to existing conditions and character of the surrounding area,
such uses are hereby designated as conditional uses. In addition to
other powers conferred by this chapter and applicable statutes, the
Planning Board shall have jurisdiction and power to approve conditional
uses, under the terms and conditions established by this chapter under
the following stipulations and guiding principles:
(1)
The use for which application is being made is specifically
authorized as a conditional use in the Article of this chapter for
the zoning district in which it is located.
(2)
The design, arrangement and nature of the particular
uses is such that the public health, safety and welfare will be protected
and reasonable consideration afforded to the:
(a)
Character of the neighborhood and zone.
(b)
Conservation of property values.
(c)
Health and safety of residents or worker on
adjacent properties and in the surrounding neighborhood.
(d)
Potential congestion of vehicular traffic or
creation of undue hazard.
(e)
Principles and objectives of this chapter and
the Master Plan of the Township of North Brunswick.
B.
All applications for conditional uses shall require
site plan approval.
Private and parochial schools, excluding institutions
of higher learning or private trade or business schools, may be permitted
as conditional uses in certain zone districts as provided for in this
chapter, provided that:
A.
The curriculum of the proposed school shall be approved
by the New Jersey Department of Education.
B.
Lot area and coverage.
(1)
The minimum lot area for an elementary school shall
be 10 acres, plus one additional acre for each 100 pupils.
(2)
The minimum lot area for an intermediate school shall
be 20 acres, plus one additional acre for each 100 pupils.
(3)
The minimum area for a high school shall be 30 acres,
plus one additional acre for each 100 pupils.
(4)
No more than 10% of the site shall be covered by buildings.
C.
The minimum street frontage for an elementary school
shall be 500 feet. The minimum street frontage for all other schools
shall be 700 feet.
D.
A front and rear yard, each with a depth of not less
than 100 feet, and two side yards, each with a width of not less than
100 feet, shall be provided. No parking or play area shall be allowed
within 75 feet of any street or property line, and no buildings shall
be allowed within 125 feet of any street or property line.
E.
Off-street parking. Elementary schools shall provide
one parking space for each staff member or employee, plus one parking
space for each 10 pupils, plus adequate space for buses and delivery
vehicles. All other schools shall provide one parking space for each
staff member or employee, plus one parking space for each five pupils,
plus adequate space for buses and delivery vehicles. These requirements
may be increased if, in the judgment of the Planning Board, such considerations
as the unavailability of the bus service, the distance from centers
of population or a relatively high percentage of pupils driving their
own cars make such increased requirements desirable.
F.
No driveway shall open onto a public street within
150 feet of an intersection of such street with another public street.
In determining the suitability of proposed or existing driveways upon
the site, the Planning Board shall consider such factors as grade
and site clearance; the number and pattern of driveways; the number,
location and design of ingress and egress points; the volume of traffic
which may be anticipated on the site and upon adjoining roads; and
the condition and width of pavement of adjoining roads.
G.
Illumination of night athletic activities shall be
shielded from view from adjoining streets and residential areas.
H.
The application shall include a complete set of architectural
plans and specifications and existing and proposed buildings and structures
and a statement setting forth in general terms the proposed courses
of instruction. This statement shall indicate the grade levels of
the pupils to be housed in the building or buildings, the planned
pupil capacity of such building or buildings and the contemplated
eventual enrollment of the school.
Churches and places of worship may be permitted
as conditional uses in certain zone districts as provided for in this
chapter, provided that:
A.
The minimum lot area shall be 60,000 square feet;
and the minimum width shall be 300 feet.
B.
All minimum requirements of lot depth, front, rear
and side yard setbacks and building height conform to those established
in the same zone.
C.
Driveways must be at least 10 feet from any side lot
lines and 100 feet from the intersection of street lines. Not more
than two driveways shall be permitted for each 300 feet of street
frontage.
Public utility zones, which must be provided
above ground, may be permitted in any zone district, provided that:
A.
The proposed installation must be provided above ground
in a specific location as is necessary and convenient for the efficiency
of the public utility system or the satisfactory and convenient provision
of service by the utility to the neighborhood area in which the particular
use is to be located.
B.
The design of any building in connection with such
facility conforms to the general character of the area and will not
adversely affect the safe and comfortable enjoyment of property rights
of the zone in which it is located.
C.
Adequate and attractive fences, buffer areas and other safety devices will be provided in accordance with Article XXVI.
D.
Sufficient landscaping, including shrubs, trees and
lawn, is to be provided and will be periodically maintained.
E.
All of the area, yard and building coverage requirements
of the respective zone will be met.
F.
A minimum of one off-street parking space for each
employee during the shift of largest employment shall be provided
for those public utility structures that require personnel to be on
duty, either full- or part-time.
Fraternal, social, civic, recreational, philanthropic
or eleemosynary uses may be permitted as a conditional use in certain
zone districts as provided for in this chapter, provided that:
A.
A statement setting forth full particulars on the
operation of the structure or use is filed with the Planning Board
by the applicant.
B.
The Planning Board shall find that any parcel upon
which such use is proposed contains at least five acres of land; that
no structure will be erected nearer than 75 feet to any street line
nor nearer than 30 feet to any property line; that buildings will
not occupy more than 25% of the lot area; that all other requirements
as set forth in this chapter for the zone in which it is to be located
are observed; that such use will in no way be detrimental to the surrounding
property values; and that the structure or use proposed will serve
a useful purpose to the general welfare of the Township.
C.
The front, rear and side yards shall be increased
by one foot for each foot by which such building exceeds the height
limit herein established for the zone in which it is located, but
in no case shall any building exceed a height of 50 feet.
D.
The site plan provides adequate buffer areas, if needed,
as well as an attractive and functional landscaping scheme.
E.
Signs may be illuminated but nonflashing and limited
in area to not more than 30 square feet on any one side. The number
and location of signs shall be determined by the Planning Board.
F.
Philanthropic and eleemosynary uses shall provide
off-street parking spaces in a number and location as determined by
the Planning Board based upon the anticipated maximum occupancy of
the building or use.
[1]
Editor's Note: Former § 205-116,
Boardinghouses and rooming houses, was repealed 5-19-2008 by Ord.
No. 08-13.
[1]
Editor’s Note: Former § 205-117, Motor vehicle
service stations, was repealed 4-26-2018 by Ord. No. 18-06.
[1]
Editor's Note: Former § 205-118,
Motels, was repealed 9-2-2003 by Ord. No. 3-29.
[1]
Editor's Note: Former § 205-119, Shopping centers,
was repealed 5-17-2021 by Ord. No. 21-09.
County penal facilities may be permitted in
the Education-Recreation-Research District as a conditional use as
provided for in this chapter, provided that:
A.
The site of a county penal facility shall contain
a minimum of 100 acres.
B.
Buildings shall be set back a minimum distance of
500 feet from all property lines.
C.
No parking area or driveway shall be located within
200 feet of any side or rear lot line that abuts a residential zone.
D.
Where the side or rear lot line of a county penal facility abuts a residential zone, a buffer strip shall be established in accordance with Article XXVI.
E.
The maximum building coverage shall be 10%.
F.
Off-street parking areas shall provide a minimum of
one parking space for every five inmates plus one additional parking
space for each employee during the largest working shift.
Hospitals, nursing homes and sanatoriums may
be permitted as conditional uses in certain zone districts as provided
in this chapter, provided that:
A.
The minimum lot area shall be 10 acres.
B.
The minimum lot frontage shall be 500 feet.
C.
The minimum lot depth shall be 400 feet.
D.
All minimum requirements of front, rear and side yards,
coverage, open space, setbacks and building height shall conform to
those established in the same zone, except that greater requirements
may be imposed by the Planning Board.
Drive-in restaurants may be permitted in certain
zone districts as conditional uses as provided in this chapter, provided
that:
A.
The minimum lot area shall be three acres.
B.
The minimum lot frontage shall be 300 feet.
C.
The minimum lot depth shall be 300 feet.
D.
The maximum lot coverage shall be 10%.
E.
All minimum requirements of front, rear and side yards,
setbacks and building height shall conform to those established for
the zone, except that greater requirements may be established by the
Planning Board.
F.
The applicant shall submit plans showing the placement,
type, intensity and direction of all lighting.
G.
There shall be a buffer strip along the entire perimeter of the property, exclusive of the front yard, of at least 10 feet in width measured inward from the property line and suitably landscaped with grass and/or ground cover, shrubs and trees. The buffer strip shall adhere to the standards set forth in Article XXVI.
H.
The minimum open space shall be 30% of the lot area.
I.
Driveways shall be no more than 35 feet nor less than
25 feet wide at any point. Driveways must be at least 10 feet from
any side lot line and 100 feet from the intersection of street lines.
No more than one driveway shall be permitted for each 150 feet of
a street frontage.
J.
The applicant shall demonstrate that trash will be
adequately disposed of.
K.
The applicant shall demonstrate that the drive-in
shall not become a public nuisance.
L.
All paved areas other than driveways shall be located
no closer than 40 feet to the right-of-way.
New car sales, services and showrooms may be permitted in certain zone districts as conditional uses as provided in Article XXIX of this chapter, provided that:
A.
The minimum lot area shall be five acres.
B.
The minimum lot frontage shall be 400 feet.
C.
The minimum lot depth shall be 400 feet.
D.
All minimum requirements of front, rear and side yards,
coverage setbacks and building height shall conform to those established
in the zone.
E.
Used cars shall not be sold except as an accessory
use to a new car dealer.
F.
There shall be a building in conjunction with the
use which shall contain not less than 15,000 square feet of usable
floor area.
G.
The area devoted to outside display of new and used
cars shall not exceed 35% of the total lot area.
H.
The minimum open space shall be 25% of the lot area.
I.
All outdoor display and service areas, including driveways
and parking facilities, shall be paved with a suitable asphalt or
other similar material commonly used in driveway construction.
J.
Display lighting shall be shielded and shall be located
and maintained as not to constitute a hazard or nuisance to the public
using the highway or to neighbors. In particular, so-called "string
lights" shall not be permitted.
K.
Where the use is situated adjacent to residentially used property, adequate screening shall be provided along the property line as required by the Planning Board in individual cases and in accordance with Article XXVI.
L.
No cars shall be stored or displayed within the front
yard area.
Commercial swimming pools and swimming clubs
may be permitted as conditional uses in certain zone districts as
provided for in this chapter, provided that:
B.
The standards for health and safety as specified in
the Township ordinance regulating swimming pools and swimming clubs
shall be met.
C.
Signs for swimming clubs shall be limited to one nonflashing
sign having an area not to exceed 30 square feet on any one side.
D.
The minimum land area for swimming clubs shall be
seven acres, with a minimum frontage and depth of 400 feet.
The sales, display, service and rental of trucks may be permitted in certain zone districts as conditional uses as provided in Article XXIX of this chapter, provided that:
A.
The minimum lot area shall be three acres.
B.
All minimum requirements of lot width and depth, front,
rear and side yards and building height shall conform to those established
in the zone.
C.
The sale and rental of used trucks shall be an accessory
use to a new truck sales and service use.
D.
There shall be a building in conjunction with the
use which shall contain not less than 15,000 square feet of usable
floor area.
E.
The areas devoted to outside display of new and used
trucks shall not exceed 35% of the total lot area.
F.
All outdoor display and service areas, including driveways
and parking facilities, shall be paved in accordance with the requirements
of this chapter. All other areas not utilized for the above purposes
may be gravel.
G.
Display lighting shall be shielded and shall be so
located and maintained as not to constitute a hazard or nuisance to
the public using the highway or to adjoining property owners. In particular,
so-called "string lights" shall not be permitted.
H.
No display or off-street parking shall be closer than
40 feet to the street line, and all nonparking areas shall be landscaped.
I.
Where the use is situated adjacent to residentially
zoned or used property, the following shall be required:
(1)
A fifty-foot buffer, designed in accordance with the requirements of Article XXVI of this chapter, shall be required along said residential use.
(2)
Overhead doors and windows shall not be permitted
on the side of any structure which faces a residentially zoned or
developed property if said structure will house service and maintenance
activities.
(3)
Outside storage of parts, supplies and materials
shall not be permitted.
(4)
No parking area or driveway shall be located
within 60 feet of any side or rear lot line that abuts a residential
zone or use.
[1]
Editor's Note: Former § 205-124.2,
Community residence for developmentally disabled, was repealed 5-18-1998
by Ord. No. 98-9.
[Added 4-29-1996 by Ord. No. 96-10]
A theater may be permitted as a conditional use in the C-2 Commercial District as provided in Article XIV of this chapter, provided that:
A.
The maximum square footage of the building, specifically
including all those areas designated for auxiliary entertainment areas
and eating areas, does not exceed 50,000 square feet.
B.
Off-street parking spaces shall be provided at a rate
of one space for every three theater seats, plus one parking space
for each projected employee at maximum shift.
[Amended 2-3-1997 by Ord. No. 97-2]
