Issuance of permit. Before any permit shall be issued for a conditional use, applications shall be made to the approving authority. The approving authority shall grant or deny the application after public hearing but within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. Notice of the hearing for a conditional use shall include reference to all matters being heard, including site plan and/or subdivision, and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the approving authority shall review the number of employees or users of the property and the requirements set forth in this chapter and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s), and shall conduct a public hearing on the application. Each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the approving authority.
Approval of conditional use. In approving a conditional use, a time limit of three years from the date of the approval shall be set, within which the owner shall secure a building permit; otherwise the approval shall be null and void. The approving authority may, for good cause shown, extend the period for securing a building permit for an additional period not exceeding one year.
When null and void. If, prior to the issuance of a building permit pursuant to preliminary and final approval of a conditional use, any of the conditions upon which the approval was based can no longer be met, no longer exists or has become significantly altered, the conditional use approval shall be null and void.
The following list of permitted conditional uses are identified within the schedule of zones of Part 4, Zoning, of this chapter. Standards and specifications for each permitted conditional use are set forth in Part 3, Performance Standards, to enable the developer to know their extent and limit.
Off-street parking: Design Standards and Details of the Borough of Highland Park, prepared by D. J. Samuel, Borough Engineer.
[Added 6-7-2006 by Ord. No. 1687]
Temporary activities or uses may be permitted for a limited period of time, which activities or uses may be prohibited by other provisions of this chapter, if such activities or uses are of such a nature and are so located at the time of petition that they will:
Promote the general welfare of the community or the use promotes any other purpose of zoning specifically set forth in N.J.S.A. 40:55D-2; and
Will not have a detrimental impact upon the adjacent properties and/or the zone and upon the intent and purpose of the Master Plan and Zoning Ordinance.
A temporary use permit shall be subject to all regulations for the issuance of conditional permits under Article X.
Temporary use permits shall only be approved for a period not to exceed six months. Such a period may be extended not more than once for an additional period of six months.