The Planning Board shall, subject to the procedures, standards and limitations hereinafter set forth, have authority to review and approve or disapprove the issuance of permits authorizing the development of uses listed in §
163-142 below as conditional uses; provided, however, that, except as limited by §
163-153 of this chapter, the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a conditional use pursuant to §
163-170G of this chapter.
Conditional uses are those uses having some special impact or
uniqueness which require a careful review of their location, design,
configuration and special impact to determine, against fixed standards,
the desirability of permitting their establishment on any given site.
They are uses which may or may not be appropriate in a particular
location depending on a weighing, in each case, of the public need
and benefit against the local impact and effect, giving effect to
the proposals of the developer for ameliorating any adverse impacts
or effect through special site planning and development techniques
and contributions to the provision of public improvements, sites,
rights-of-way and services.
Subject to the procedures, standards and limitations set forth
in this section, the following uses, and none others, may be allowed
as conditional uses in the zoning districts indicated:
A. Any use specifically listed as a conditional use in the regulations
applicable to the district in which it is to be located.
B. Planned developments, subject to the additional procedures, standards and limitations set out in Part
5, Article
XXVII, of this chapter.
C. Signs in or over public rights-of-way, but only when in compliance with all of the applicable provisions of §
163-71 of this chapter.
D. The use of a nonconforming lot of record for a use other than a detached single-family dwelling, but only in compliance with all of the provisions of Part
5, Article
XXVIII, of this chapter.
E. In any district, public, private and parochial schools, elementary
through high school, subject to the following additional standards:
(1)
Access. For schools other than elementary schools, access to
parking area for over 50 cars and to service areas shall be from arterial
or collector streets or service roads.
(2)
Buffer. All outdoor areas of concentrated activity shall be
separated from adjoining residential property by a minimum of 30 feet
or by a buffer found sufficient by the Planning Board to ensure visual
and auditory privacy.
F. Any of the following uses in any district:
(1)
Public parks, playgrounds and community centers, subject to
the additional standard that all outdoor areas of concentrated activity
shall be separated from adjoining residential property by a minimum
of 30 feet or by a buffer found sufficient by the Planning Board to
ensure visual and auditory privacy to such properties.
(2)
Public utility stations, subject to the following additional
standards:
(a)
All buildings and structures shall either have exteriors which
give the appearance of a structure permitted in the district where
located or shall be screened from view from any private property located
in any residential district, and any such screening located in or
adjoining any front yard shall be limited to vegetation which provides
effective year-round screening.
(b)
All such uses shall be fenced where any hazard to the safety
of human or animal life is present.
(c)
No service or storage yard or building shall be permitted except
as permitted for other uses in the district.
(d)
Yards shall be provided as required by the district regulations.
(e)
The level of noise emanating from such use shall not exceed
60 decibels (dBa's) measured at any lot line which is also the lot
line of a residential use.
G. In the HW-C and AC Districts, freestanding outdoor retail sales,
produce sales, food sales, flea markets and other similar type uses,
subject to the following additional standards:
[Added 7-21-1993 by Ord. No. 53-1993]
(1)
Except as provided below, any such use shall comply with the
yard, space and bulk requirements applicable in the district in question.
(a)
In the AC District, the minimum front yard shall be 20 feet.
(b)
All outdoor areas of concentrated activity shall be separated
from adjoining residential property by a minimum of 30 feet or by
a buffer found sufficient by the Planning Board to ensure visual and
auditory privacy.
(2)
A perimeter landscaped open space of a width of at least five
feet shall be provided along every street line, and at least 10 feet
shall be provided along any line adjoining a residential use.
(3)
A twelve-foot aisle width between rows of booths shall be maintained.
(4)
Freestanding identification signs are permitted, subject to
the following limitations:
(a)
The number of signs is limited to two, which are not to exceed
20 feet in height.
(b)
The total area for those signs shall not exceed four square
feet per linear foot of street frontage and under no circumstances
shall exceed 300 square feet.
(5)
Sanitary facilities shall be provided in accordance with the
applicable standards as regulated by the Atlantic City Department
of Health.
An application for issuance of a conditional use permit may
be filed by the owner of or other person having a contractual interest
in the subject property.
Where the district regulations authorizing any conditional use
in a particular district impose additional standards to be met by
such use in such district or where other provisions of this chapter
or other laws, ordinances or regulations authorizing the particular
use proposed or regulating such use or the particular land area proposed
for its development impose special standards on the planning, design,
construction or operation of such use or the development or use of
such land, a permit for such use shall be granted only if evidence
is presented to establish compliance with such additional standards.
The issuance of a permit for a conditional use shall not authorize
the establishment or extension of any use nor the development, construction,
reconstruction, alteration or moving of any building or structure,
but shall merely authorize the preparation, filing and processing
of applications for any permits or approvals which may be required
by the codes and ordinances of the City and other governmental agencies
having jurisdiction, including but not limited to approval of a final
site plan/subdivision plat, a certificate of land use compliance,
a building permit and a certificate of occupancy.
Following the issuance of a conditional use permit pursuant
to the provisions of this chapter, such permit may be amended, varied
or altered only pursuant to the standards and procedures established
by this article for its original approval.
In addition to the other penalties and remedies for violations of this chapter, it shall be a condition of every conditional use approval that such approval may be revoked for violation of any condition imposed upon such approval either by the provisions of this chapter or by the provisions of the resolution granting such approval; provided, however, that no such permit shall be revoked except by resolution of the Planning Board, in the form specified by §
163-23 of this chapter, adopted following a public hearing, advertised and conducted by the Planning Board in same manner as provided for the original approval of the permit, whereat the existence of such violation is established.