A.
The purpose of this article is to set forth the requirements and
procedures applicable to conditional uses, in accordance with N.J.S.A.
40:55D-67. A conditional use shall not be approved on any site unless
such use is specifically permitted as a conditional use in the zone
for which it is proposed.
B.
Before a construction permit or certificate of occupancy shall be
issued for any conditional use, as permitted by this chapter, application
shall be made to the Planning Board. The review by the Planning Board
of a conditional use shall include any required site plan review.
In making its decision on an application for a conditional use,
the Board shall take no action which will be detrimental to the public
welfare or which will substantially impair the intent or purpose of
this chapter. The Board may attach such terms and conditions to an
approval of such applicant if, in its judgment, it will preserve the
public welfare or such intent or purpose and shall be guided by the
following principles:
A.
The proposed use will not be detrimental to the character of the
neighborhood.
B.
The proposed use does not affect adversely the general plans for
the physical development of the City, as embodied in this chapter
and in any Master Plan, or portion thereof.
C.
The proposed use will not be detrimental to the use or development
of adjacent properties or the general neighborhood.
D.
The proposed use will not be affected adversely by the existing uses.
E.
Suitability of the use and/or proposed structure to its environment
and location considering the general use of the structure, neighboring
land uses, the surrounding open space and treatment of adjacent properties.
F.
Adequacy of provisions of off-street automobile parking, storage
of loading space, and adequacy of neighboring street capacity relating
to increased traffic and congestion due to proposed use.
G.
That the use will not be contrary to the general character of the
neighborhood or public interest and will not materially increase fire
hazards or other danger, nor be injurious to the health, morals or
general welfare of the neighboring communities.
Notwithstanding anything in this chapter to the contrary, the
Planning Board shall not approve an application for a conditional
use unless the requirements for the particular use, as set forth below,
shall have been met. All other applicable regulations for the zone
district in which the conditional use is permitted must also be met.
Intent and purpose. In the development and execution of this article, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics. It has been determined that strict control and regulation of these uses is required to ensure their operation is maintained in compliance with the law for the preservation of the public peace, health, safety, morals and general welfare of the people of Trenton and to prevent their contributing to the blighting and downgrading of the surrounding neighborhoods. For the purposes of this chapter, the term "adult establishment" shall be defined as set forth in Article I, § 315-10 et seq.
A.
This use shall not be located within 1,000 feet of the boundaries
of the site of an existing adult establishment.
B.
This use shall not be located within 1,000 feet of a residential
or mixed-use district, church school, school bus stop, municipal or
county playground, place of public resort and recreation, hospital,
child-care center or public building.
C.
Every adult establishment shall be surrounded by a perimeter buffer
of at least 50 feet in width with plantings, fence or other physical
divider along the outside of the perimeter sufficient to impede the
view of the interior of the premises on which the business is located.
D.
No adult establishment shall display more than two exterior signs,
consisting of one identification sign and one sign giving notice that
the premises is off limits to minors. The identification sign shall
be no more than 40 square feet in size.
B.
For billboards where the advertising area, including any trim, exceeds
300 feet and is no more than 672 square feet, the following conditions
shall apply:
(1)
Such billboard shall be located to show only to a limited-access
highway, per NJ DOT outdoor advertising standards.
(2)
The maximum vertical length of the billboard shall not exceed
14 feet.
(3)
The maximum horizontal length of the billboard shall not exceed
48 feet.
(4)
Billboards shall be spaced no less than 1,500 feet apart.
(5)
Such billboard shall not exceed 30 feet in height.
(6)
Such billboard shall be located a minimum of 300 feet from residential
or mixed-use districts.
(7)
A landscape buffer plan must be provided.
A.
For the purpose of this chapter, the term "churches" shall include
any religious institution serving a congregation or membership.
C.
The proposed use shall comply with the bulk requirements for the
zone in which it is located, with the exception of building height,
which may, at the discretion of the Planning Board, be increased to
allow for a church steeple or bell tower. Allowable height shall be
determined based on an analysis of viewsheds and shadows to be provided
by the applicant. Such church steeple or bell tower shall not exceed
15% of the total floor area of the structure.
D.
All off-street parking shall be provided at the rate of one space
for each four seats, or equivalent, plus spaces for permitted accessory
uses, as determined at the time of site plan review. These requirements
may be reduced upon submission by the applicant of acceptable proofs
as to specific need requirements.
A.
For the purposes of this chapter, the term "clubhouse" shall include
a social club, meeting hall or community center, not organized or
conducted for profit, and which is not an adjunct to or operated by
or in conjunction with a public tavern, cafe or other place of business.
B.
The proposed use shall comply with the bulk requirements for the
zone in which it is to be located.
C.
Off-street parking for new construction or for expansion of existing
facilities shall be provided at the rate of one space for each 250
square feet of gross floor area. The above requirements may be reduced
upon submission by the applicant of acceptable proof as to specific
need requirements.
A.
For the purposes of this chapter, the term "day-care/child-care center"
is defined as a state licensed facility providing for the care of
six or more preschool children or elderly persons, without provision
of overnight facilities.
B.
Submission of proof of compliance with applicable state agency requirements,
and compliance with all provisions of applicable health and construction
codes shall be required.
C.
A safe outdoor play area for children must be provided for by the
day-care/child-care center, with a fence between property lines and
a planted buffer between neighboring residential uses.
D.
When located in a residential zone, the following additional requirements
shall be met:
(1)
The day-care/child-care center shall maintain a residential
appearance and shall be substantially similar to existing surrounding
residential development.
(2)
When located in or abutting a residential zone, a minimum five-foot
planted buffer around the perimeter of the children's play area shall
be provided.
E.
Off-street parking shall be provided, as determined by the Planning
Board during site plan review, based on applicant testimony as to
specific need requirements.
F.
Adequate provision for the safe loading and unloading of elderly
persons or children must be provided for, as determined by the Planning
Board during site plan review.
A.
For the purposes of this chapter, the term "funeral home" shall include
a building used for the preparation of the deceased for burial and
for ceremonies prior to burial.
B.
All zoning requirements of the zone in which the funeral home is
to be located shall be met.
C.
Funeral homes in residential zones shall maintain a residential appearance
and shall be substantially similar to existing surrounding residential
development.
D.
Submission of proof of licensing by the applicable state agency and
compliance with all provisions of applicable health codes shall be
met.
E.
One parking space for each four seats of capacity, plus one parking
space for each resident family, and one parking space for each funeral
vehicle shall be provided. These requirements may be reduced upon
submission by the applicant of acceptable proofs as to specific need
requirements.
A.
For the purposes of this chapter, the term "health care facility"
shall include hospitals, clinics, health maintenance organizations
(HMOs) and other public or private institutions, offices or facilities
principally engaged in providing services for health maintenance,
counseling, diagnosis or treatment of human disease, pain, injury,
deformity or physical condition. Excluded from this definition are
nursing homes, animal research facilities, drug or alcohol rehabilitation
centers, and the joint offices of physicians numbering five physicians
or fewer.
C.
Bulk standards for new construction shall correspond to the zoning
district in which the proposed use is located.
D.
A landscaped buffer of at least 10 feet in width shall be provided
within all minimum property line setback areas.
F.
Loading space requirements shall be determined at time of site plan
review.
G.
All other applicable requirements of this chapter shall be met.
A.
For the purposes of this chapter, the term "nursing home" shall include
public or private institutions or facilities principally engaged in
providing full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
B.
Bulk standards shall conform to zone requirements.
C.
All construction shall maintain a residential appearance.
D.
Off-street parking shall be provided as determined by the Planning
Board during site plan review, based on applicant testimony as to
specific need requirements.
A.
For the purposes of this chapter, the term "parking lot" shall include
any automobile surface parking lot located on land directly adjoining
a business or industrial district and extending continuously not more
than 200 feet therefrom.
B.
No occupied portion of such parking lot shall extend into a required
front yard or extend closer to a residential side or rear property
line than 10 feet.
C.
Where directly abutting upon a residential property or properties,
the borders of such parking lot shall provide a densely planted landscape
screen for a depth of not less than 10 feet.
D.
All parking lots shall be paved and drained in accordance with City
standards.
E.
The demolition of a structurally sound residential structure to create
a parking lot under this section is prohibited.
F.
Shade trees shall be provided in the ratio of one tree for each 10
spaces.
G.
A wall, fence or planting, or combination thereof, between three
feet and four feet in height, shall be provided between the parking
lot and any street front right-of-way line, except where a building
intervenes.
A.
For the purposes of this chapter, the term "public utility uses"
shall include such uses as telephone dial equipment centers, power
substations and other utilities serving the public, but shall exclude
dumps, sanitary landfills, sewage treatment plants and service or
storage yards.
B.
The proposed installation in a specific location must be reasonably
necessary for the satisfactory provision of service by the utility
to the neighborhood or area in which the particular use is located.
C.
The design of any building in connection with such facilities must
not adversely affect the safe, comfortable enjoyment of property rights
in the surrounding area and shall not create a visual intrusion.
D.
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Code in effect at
the time of construction.
E.
Landscaping requirements shall be determined at the time of the site
plan review and at minimum shall provide for appropriate screening.
F.
Off-street parking shall be provided as determined by the Planning
Board during site plan review, based on applicant testimony as to
specific need requirements.
A.
For the purposes of this chapter, the term "restaurant and retail
trade uses" shall include restaurants which do not provide food items
for off-premises consumption, retail establishments engaged primarily
in selling merchandise for personal or household use, and barbershops
and beauty parlors, but excluding the sale of intoxicating liquors.
B.
Restaurant and retail trade uses may only be located on the ground
floor of a multistory building which is primarily residential or office
use, based on total gross floor area.
C.
All external aspects of restaurant and retail trade uses, such as,
but not limited to, access, parking, signage and lighting, shall be
designed to be compatible with adjoining residential uses.
E.
All other applicable requirements of this chapter shall be met.
A.
For purposes of this section, the term "schools" shall include institutions
of higher learning, which are not conducted as a business, and may
include living and dining facilities for faculty and students.
B.
Bulk standards shall correspond to the zoning district in which the
proposed use is located.
C.
Sufficient open space shall be provided for recreational use by students.
D.
A landscaped buffer and fencing shall be provided where school property
borders on adjacent residential use.
