Recognizing that certain uses, activities and
structures may be necessary to serve the needs and convenience of
the Borough and its residents, and at the same time recognizing that
such uses may be or become detrimental to the public health, safety
and general welfare if located and operated without proper consideration
being given to existing conditions and the character of the surrounding
area, such uses are hereby designated as conditional uses. The conditional
uses indicated in this section shall be permitted only upon a showing
that such use in a specified location will comply with the conditions
and standards for the location or operation of such use as contained
in this article, and only upon the issuance of an authorization therefor
by the Board.
The conditional uses indicated below shall be
permitted only upon a showing that such use in a specified location
will comply with the conditions and standards for the location or
operation of such use as contained in this article, and only upon
the issuance of an authorization therefor by the Board. The conditional
uses and the zones in which they are permitted are limited to the
following:
A. Houses of worship in all zone districts;
C. Assisted living facilities in the C0 Zone District.
D. Facilities of nonprofit charter membership organizations
and the offices of charitable organizations in the CO and GC Zone
Districts west of Sheelan's Crossing;
E. Gasoline filling stations and gasoline service stations
in the GC Zone District;
F. Automotive service shops and automotive repair shops
including automobile body shops in the GC Zone District;
G. Residential type public utility facilities in all
of the zone districts;
H. Industrial type public utility facilities in the GC
Zone District west of Sheelan's Crossing;
I. Any use within the flood area which is also a permitted
use within the zone district for that location.
K. Telecommunications towers, antennas and appurtenant facilities in
the LI Zone.
[Added 5-7-2013 by Ord. No. 13-07R]
The review by the Board of a conditional use approval includes any required site plan review, and the procedure for obtaining conditional use approval shall be in accordance with the procedures in Article
IX for processing and review of site plan and subdivision applications, unless the context clearly indicates otherwise or unless contrary to law, including but not necessarily limited to the following:
A. The filing procedures in Article
IX;
B. The procedures for filing simultaneous applications in §
184-59C(11);
C. The completeness review procedures in Article
IX;
D. The general review procedures in Article
IX;
E. The conditional approval provisions in §
184-65;
F. The default approval provisions in §
184-66;
G. The provisions for extensions and tolling of approvals in §§
184-67 and
184-68, respectively; and
H. The provisions for reservation of public areas, payment of taxes and assessments, disclosure of ownership and binding nature of approvals in §§
184-76,
184-77,
184-78, and
184-79 respectively.
The requirements of this article shall be considered
the minimum standards which must be complied with in order for the
respective conditional uses or structures to be permitted in the various
zone districts. In applying the standards, the following shall apply:
A. Conflict with other land use regulations In the event that any conditional use standard conflicts with any requirement of this chapter not contained in this Article
XIX, the conditional use standard shall apply, unless the context indicates otherwise.
B. Reference to other regulation. If a standard in any
other article of this chapter or in any other law or document is incorporated
by reference for any conditional use in this article, such referenced
standard shall be construed to be a conditional use standard. A violation
of any such referenced standard shall be considered a violation of
a conditional use standard.
C. Applicability of other land use regulation not referenced herein. If any requirement of this chapter not contained or referenced in this Article
XIX does not conflict with the conditional use requirements, said chapter's requirement shall be applicable to the conditional use, unless the context indicates otherwise. A violation of any requirement of this chapter applicable to any conditional use, but which requirement is not referenced in this Article
XIV, shall not be considered to be a violation of a conditional use standard.
D. Existing conditional use. If conditional use approval
is sought for an existing use, building or structure which is regulated
as a conditional use by this article and which existed at the time
of this chapter, or for any enlargement or expansion of an existing
conditional use, or for the conversion of an existing conditional
use to another conditional use, there must be full compliance with
the requirements of this article in the same manner as if a new conditional
use, building or structure were proposed. In the event that there
is not full compliance with this article, the use and/or structure
shall remain as a nonconforming use and/or structure, and any expansion,
enlargement or conversion shall not be permitted as applicable except
as may be approved as a use variance.
E. More than one conditional use on a lot. In the event
that more than one conditional use is proposed on a lot, or which,
in the opinion of the Board, could reasonably be anticipated to involve
more than one conditional use, the more restrictive conditional use
standard shall apply. In applying this provision, the Board shall
not be limited to the conditions and standards of any one of the conditional
uses involved, but may apply a specific standard or condition from
either or any of the uses involved. It is not intended that this provision
apply to part-time schools on the same lot with and which are conducted
as an adjunct or supplement to the activities of a house of worship
or religious organization, such as, but not limited to, Sunday schools,
nursery schools, catechism, Hebrew schools, adult education and the
like, or as an adjunct or supplement to the activities or programs
of chartered membership organizations.
F. Exemption of parks, public playgrounds and municipal
use of all kinds. Parks, public playgrounds and municipal uses of
all kinds are not considered conditional uses and are permitted without
the necessity for use approval, conditional use approval or site plan
review and approval by the Board.
Houses of worship and uses and structures accessory
to the houses of worship on the same site are permitted in all zone
districts provided they comply with all of the following requirements.
It is not intended that part-time schools which are conducted as an
adjunct or supplement to the religious activities of a church, religious
organization, or place of worship, such as, but not limited to, Sunday
schools, nursery schools, catechism, Hebrew schools, adult education,
and the like, create a mixed use as defined herein for the premises
on which they are conducted.
A. Charter. The application shall be accompanied by the
existing or proposed charter and bylaws of the organization and such
other material as may be required to guarantee to the satisfaction
of the Board the following:
(1)
The organization is or will be a bonafide nonprofit
religious group organized primarily for the benefit of its membership,
and such other activities normally carried on by religious groups.
(2)
The organization has been granted exemption
from taxation under the laws of both the State of New Jersey and the
United States.
(3)
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:
(a)
The premises may be made available on a rental
basis for meetings of other groups, private social functions and the
like; and
(b)
The organization may conduct intermittent commercial
activities open to the general pubic designed solely to raise funds
to support the purposes of the organization or for related or affiliated
organizations with charitable, educational or religious purposes,
provided such activities are conducted inside of a building or structure.
Such activities shall also be permitted outside of a building or structure
under the authority of a special license granted by the Mayor and
Borough Council, which shall contain such conditions as are considered
necessary for the public health, safety and welfare. This subsection
shall not prevent the organization from hiring or otherwise engaging
profit-making organizations to conduct fund-raising activities, even
though a portion of the funds raised is taken by such profit-making
organization as a fee; and
(c)
Sale of religious articles or items having a
relation to the cultural or ethnic background of the members of the
faith are permitted on a continuous basis, provided that such sales
are conducted inside the building or structure.
B. Minimum lot area. Every lot shall contain a minimum
area of 45,000 square feet.
C. Minimum lot frontage. Every lot shall have a minimum
frontage of 150 feet.
D. Maximum improvement coverage. The total coverage of
the lot by all buildings, structures, sidewalks, parking areas, driveways
and other improvements shall not exceed 50% of the total lot area.
E. Front yard. There shall be a front yard equal to the
front yard setback requirement for the zone in which the site is located.
F. Minimum side yard. There shall be a minimum side yard
which is not less than the height of the building or structure, or
20 feet, whichever is greater.
G. Minimum rear yard. There shall be a minimum rear yard
which is not less than the height of the structure or 50 feet, whichever
is greater.
H. Reconstruction of a house of worship. Notwithstanding
any provisions of this section to the contrary, in the case of an
accidental, partial, or complete destruction of a house of worship,
rectory, parish house, or convent existing on January 1, 2001, the
structure or building so destroyed may be reconstructed on the same
site and as it existed prior to the accidental destruction, even though
it may not conform to all the conditions of that conditional use for
that zone. The phrase "reconstructed...as it existed" for the purposes
of this section shall be deemed to mean that the structure or building
may be reconstructed with ground coverage not in excess of that of
the former building or structure and with usable floor space on all
floors not in excess of that which existed in the former building
or structure, and with a height not to exceed that which existed in
the former building or structure. It shall not be necessary that the
replacement be identical to the former structure in any other particulars,
provided that the replacement shall be no less conforming to this
chapter than the former structure.
Assisted living facilities are permitted as
a conditional use in the CO Zone District only if all of the following
conditions are complied with.
A. Licensing. The Facility shall be licensed by the DCA
as a Class C Rooming and Boarding Home or by the DOH as an Assisted
Living Residence.
B. Minimum lot area. The lot for such facility shall
contain a minimum area of two acres.
C. Maximum density. There shall be no more than 30 residential
units for each acre of lot area; provided, however that there shall
be no more than a total of 70 residential units.
D. Maximum floor area ratio. The total habitable floor
area within all buildings or structures on any lot shall not be more
than 60% of the total lot area.
E. Maximum number of habitable floors. No principal building
shall exceed three habitable floors, exclusive of basement.
Buildings operated by chartered membership organizations
for the benefit of the public and not for profit, and the office or
offices of charitable organizations are permitted only in the GC Zone
District and only if all of the following requirements are complied
with. It is not intended that part-time schools which are conducted
as an adjunct or supplement to the purposes and objective of the organization
create a mixed use as defined herein for the premises on which they
are conducted.
A. Certificate of incorporation. The application shall
be accompanied by the existing or proposed certificate of incorporation
and bylaws of the organization and such material as may be required
to guarantee to the satisfaction of the Planning Board, the following:
(1)
The organization is, or will be, a bonafide
nonprofit group organized solely for charitable purposes or for the
benefit and enjoyment of its members who shall be primarily residents
of the Borough and the surrounding communities.
(2)
The use will not involve the sale or consumption
of liquor or alcoholic beverages in any form.
(3)
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:
(a)
The premises may be made available on a rental
basis for meetings of other groups, private social functions and the
like.
(b)
The organization may conduct intermittent commercial
activities open to the general public designed solely to raise funds
to support the purposes of the organization or for related or affiliated
organizations with charitable, educational or religious purposes,
provided such activities are conducted inside of a building or structure.
Such activities shall also be permitted outside of a building or structure
under the authority of a special license granted by the Governing
Body, which shall contain such conditions as are considered necessary
for the public health, safety and welfare. This subsection shall not
prevent the organization from hiring or otherwise engaging profit-making
organizations to conduct fund-raising activities, even though a portion
of the funds raised is taken by such profit-making organization as
a fee.
(c)
Sale of items, products, or materials related
to or accessory to the primary function or activities of the organization
conducted on the premises, such as, but not limited to, food or alcoholic
beverages (if the organization holds a license for the sale of same),
athletic equipment, and the like, are permitted on a continuous basis,
provided such sales are conducted inside the building or structure.
(4)
Overnight accommodations shall not be provided.
(5)
The hours of use are fixed in a manner in which
the property rights of nearby property owners will not be adversely
affected.
(6)
Activities of the organization will be carried
on primarily within an enclosed building or structure.
B. Street access. The subject property shall be located
on, and driveway access shall be provided to, an arterial or collector
street as designated by the Borough Master Plan.
C. Minimum lot area. There shall be a minimum lot area
of 20,000 square feet, plus an additional 150 square feet of lot area
for each 15 square feet of gross floor area in excess of 1,500 square
feet of gross floor area.
D. Minimum lot frontage. There shall be a minimum lot
frontage of 100 feet.
E. Maximum building coverage. The coverage of the lot
by buildings and above-grade structures shall not exceed 40% of the
total lot area.
F. Maximum improvement coverage. The coverage of the
lot by all buildings, structures, sidewalks, parking areas, driveways,
and other improvements shall not exceed 60% of the total lot area.
G. Front yard. There shall be a front yard equal to the
front yard required in the zone in which the site is located.
H. Minimum side yard. There shall be a minimum side yard
equal to the height of the building or structure, or 20 feet, whichever
is greater.
I. Minimum rear yard. There shall be a minimum rear yard
equal to the height of the building or structure, or 50 feet, whichever
is greater.
Residential type public utility facilities and
uses are permitted in all zones only if they comply with the following
requirements:
A. Proof of need. Proof shall be furnished that the proposed
installation in the specific location is necessary for the proper
functioning of the public utility system and for the satisfactory
and convenient provision of service to the neighborhood in which the
facility is to be located.
B. Maximum height of structures. Buildings shall not
exceed 15 feet in height. Other structures or equipment shall not
exceed 35 feet in height.
C. Minimum front yard. There shall be a minimum front
yard equal to the front yard required in the zone in which the site
is located.
D. Minimum side yard. There shall be a minimum side yard
equal to the height of the building or above-grade structure or equipment,
or 15 feet, whichever is greater.
E. Minimum rear yard. There shall be a minimum rear yard
equal to the height of the building or above-grade structure or equipment,
or the rear yard required in the zone in which the site is located,
whichever is greater.
F. Trip generation. The proposed use, structure or equipment
shall not generate more than 10 trips per day for any purpose, including
but not limited to the operation, maintenance servicing or monitoring
of any improvements on the site.
Industrial type public utility facilities and
uses are permitted in the GC and the LI zones and only if they comply
with the following minimum requirements.
A. Proof of need. Proof shall be furnished that the proposed
installation in the specific location is necessary for the proper
functioning of the public utility system and for the satisfactory
and convenient provision of service to the neighborhood in which the
facility is to be located.
B. Maximum height of structures. Buildings shall not
exceed the maximum height permitted in the zone district. Other structures
or equipment shall not exceed 45 feet in height.
C. Front yard. There shall be a front yard equal to the
front yard required in the zone in which the site is located.
D. Minimum side yard. There shall be a minimum side yard.
equal to the height of the building or above-grade structure or equipment,
or the side yard required in the zone in which the site is located,
whichever is greater.
E. Minimum rear yard. There shall be a minimum rear yard
equal to the height of the building or above-grade structure or equipment,
or the rear yard required in the zone in which the site is located,
whichever is greater.
F. Noise levels. The proposed use, structure or stationary
equipment shall comply with the maximum permissible sound levels applicable
to commercial sound sources set forth in the Union County Regional
Environmental Health Commission Noise Control Chapter.
G. Exterior appearance of structures. The exterior appearance
of any building or structure required for such use shall be compatible
with the character of buildings or structures in the area in which
the site is located.
H. Screening. Fencing and/or landscaping, as determined
by the Board, shall be provided in sufficient quantity, location and
height to prevent to the maximum extent possible, the view of above-grade
structures or equipment, other than unobjectionable buildings, and
any parking area from adjacent property or public streets, and to
prevent to the maximum extent possible, the illumination of adjacent
properties by site lighting fixtures and vehicle headlights on site.
Notwithstanding any zone district regulations to the contrary, any use located within a flood area which is also a permitted use pursuant to the zone district regulations shall only be permitted if all of the requirements of Chapter
255, Stormwater Control and Floodplain Regulations, are complied with. The foregoing shall not be construed to limit in any way the applicability of Chapter
255, Stormwater Control and Floodplain Regulations.