A. 
The regulations in this article set forth the standards which shall be used by the Planning Board in reviewing application for conditional uses. The uses to be considered conditional uses in each zoning district are set forth in the use regulations for each district.
B. 
The general standards for the review of all conditional uses shall be as follows:
(1) 
The Planning Board shall first determine that the proposed use shall not be detrimental to health, safety and welfare of the community; that the proposed use shall be reasonably necessary for the convenience of the community; that the proposed use shall not create a fire, traffic or safety hazard; and that the proposed use or structure shall not have an adverse effect on the neighborhood in which it is proposed.
(2) 
Off-street parking and loading spaces shall be provided in accordance with §§ 51-164 and 51-165 unless a variance is granted by either the Planning Board or the Board of Adjustment.
(3) 
Where nonresidential structure or parking, loading or recreation areas adjoin a residential use or residential zone, there shall be a minimum ten-foot-wide, six-foot-high landscaped strip adjoining the residential lot line or a semitransparent fence that is a minimum of five feet tall and maximum of six feet tall. Such fence shall be 20% to 30% transparent, and chain-link fencing of any type is not permitted.
(4) 
The use shall provide safe and efficient vehicular and pedestrian circulation with ingress and egress designed to eliminate any traffic safety hazards entering and exiting the site and shall be so designed as not to cause traffic congestion on abutting streets.
(5) 
Review shall be subject to the submission of a site plan to the Planning Board and approval of the site plan by the Planning Board and subject to compliance with the performance standards contained in § 51-116.
The standards for conditional uses permitted in all districts shall be as follows:
A. 
Public utility installations.
(1) 
The proposed installation shall meet all the requirements of the New Jersey Board of Public Utilities and its successors.
(2) 
The proposed installation shall harmonize with the character of the neighborhood in which it is proposed and shall have adequate fencing, safety devices, screening, landscaping and front, rear and side yard setbacks to protect adjoining properties.
(3) 
Adequate off-street parking shall be provided to serve all employees and service personnel visiting the installation.
(4) 
Ingress and egress shall be designed so as not to produce a traffic safety hazard and so as not to cause traffic congestion on the abutting streets.
B. 
For any permitted use exceeding a floor area of 50,000 square feet, lot size of two acres or more, 50 dwelling units or more, or parking for 100 cars or more: The proposed use shall meet the standards set forth elsewhere in this article and this chapter. In addition, the Planning Board shall determine that the size and intensity of the use shall not create an adverse impact on surrounding properties or uses in terms of traffic congestion, health and safety hazards, maintenance of property values and preserving the character of surrounding development.
C. 
The standards most closely approximating the use and location of a conditional use subject to a use (d) variance shall always apply in addition to the requirements of the use (d) variance.
In districts where conditionally permitted, personal wireless telecommunications facilities (PWTFs) and personal wireless telecommunications equipment facilities (PWTEFs) shall be subject to the following standards:
A. 
Location standards.
(1) 
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless communications service within the East Orange community, PWTFs and PWTEFs shall be permitted as a conditional use at locations within the zoning district in order of priority established in this section. If a similar level of wireless telecommunications services is able to be provided at a location with a higher priority in another zoning district, the facilities shall be required to be located in the zoning district with the higher priority locations.
(a) 
The first priority location shall be lands or structures owned by the City of East Orange;
(b) 
The second priority location shall be on lands or structures owned by the East Orange School District;
(c) 
The third priority location shall be co-location on existing PWTFs (or existing water tanks), provided that the new installation does not increase the height by more than 10%; and
(d) 
The fourth priority location shall be such locations as the applicant proves are essential to provide required service to the East Orange community.
(2) 
Co-location policy.
(a) 
The Administrative Officer shall maintain an inventory of existing PWTF locations within or near the East Orange community.
(b) 
An applicant proposing a PWTF at a new location shall demonstrate that it made a reasonable attempt to find a co-location site acceptable to engineering standards and that none was practically or economically feasible.
(c) 
Each applicant for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's City of East Orange inventory, any such facilities in the abutting towns which provide service to areas within the City of East Orange, any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
(d) 
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:
[1] 
How the proposed location of the PWTF relates to the objective of providing full wireless communication services within the City of East Orange at the time full service is provided by the applicant throughout the City of East Orange.
[2] 
How the proposed location of the proposed PWTF relates to the location of any existing antennas within and near the City of East Orange.
[3] 
How the proposed location of the proposed PWTF relates to the anticipated need for additional antennas within and near the City of East Orange.
[4] 
How the plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within the City of East Orange.
(3) 
The reviewing board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with the City's escrow provisions.
B. 
Development standards.
(1) 
The PWTF project design is required to be structurally sound. The antenna project is to be certified to not create any hazard to the general public and any inhabitants or occupants of the site in question or any sites in the vicinity thereof.
(2) 
The PWTF project, including mountings, wiring and equipment placed on structures including buildings or structures other than buildings, shall be camouflaged in a manner deemed appropriate by the reviewing board. This includes mountings on billboards or other existing nonbuilding structures.
(3) 
Any PWTF installation on a structure that is or was constructed exclusively for the mounting of antennas, such as a tower, shall meet the following requirements for the antennas and the structure, and the installation is only permitted in the Industrial District by conditional use:
(a) 
The structure shall not exceed a height of 100 feet unless it can be demonstrated by the applicant, to the satisfaction of the reviewing board, that a higher height is necessary for the proposed installation of the PWTF(s) to satisfactorily operate and is necessary for the co-location of at least three other carriers on the tower.
(b) 
The structure and site shall only be permitted in the Industrial District, and they must be at least 500 feet from any residential district boundary; commercial district boundary; a school; a historic district; a public park; or a house of worship. Such structure must also be out of view from any historic district or school.
(c) 
All electronic equipment for such PWTFs shall be kept inside a structure on the same site as the PWTF structure. This housing structure shall be less than 15 feet tall; have walls of wood siding, brick or any other material accepted by the reviewing board as a typical construction material appropriate for the section of East Orange in which it is proposed.
(d) 
The site must be landscaped with densely planted, mature evergreens that are a minimum of 15 feet tall to screen all structures, including equipment storage buildings and tower bases, to the greatest extent possible from public view and fenced by means of a concealing fence constructed of a long-lasting material acceptable to the reviewing board, such as PVC pickets, brick wall, or board and batten panels; and the equipment housing structure shall have less than 360 square feet of floor area per telecommunications operator. Chain-link fencing of any form even with privacy slats shall not ever be used.
(e) 
Structures for elevating PWTFs above ground level, as well as the PWTF units, wiring, mounting devices, and accompanying hardware, shall be designed to blend with the surrounding area's architecture, environment and landscaping through the use of structure coloring and camouflaging to disguise the PWTF for the public's aesthetic benefit. The reviewing board shall determine whether appropriate attempts have been made to blend the structure and its features with the surrounding areas. Appropriate camouflage could include designing the tower to resemble a tree, church steeple, or other like structure.
(f) 
The structure shall not have any lighting or signage other than safety warnings and lighting that would be required by the FAA. In such case, strobe lighting shall never be used unless specifically required by the FAA.
(g) 
The applicant shall be responsible for all maintenance of its PWTF's additional hardware, accompanying landscaping, camouflage, paint, cables, cable trays, conduits and mounting hardware.
(4) 
Any PWTFs proposed to be mounted on an existing building or structure not initially constructed for the mounting of PWTFs shall meet the following requirements:
(a) 
PWTFs may only be mounted on a structure that is taller than 55 feet, and they may only be mounted on the part of the structure that is higher than 45 feet above grade. In the event that there is no structure of that height within the applicant's needed coverage area, the applicant must present evidence of such to the reviewing board in order to gain approval to use a lower-height structure.
(b) 
No PWTF shall be mounted higher than the building parapet, stair or elevator shaft/penthouse, chimney, smokestack or other part of the structure upon which it is being mounted. The only exception to this shall apply when the applicant can provide evidence to the reviewing board that appropriate broadcasting and reception service is not possible without a higher mounting configuration such as a mounting on poles or posts. In such cases, the PWTF units must be set back at least eight feet from the exterior edge of the part of the building upon which they are being mounted; the PWTFs and poles and other mounting hardware must be mounted on a flat surface, and the mountings cannot be more than 12 feet tall measured from the edge of the surface upon which they are being mounted.
(c) 
Wall-mounted PWTFs cannot project horizontally beyond the wall upon which they are being mounted by more than one foot, and they cannot project beyond the site's property line.
(d) 
All PWTF units and accompanying infrastructure must be painted to match any vertical surface upon which they are being mounted. Any mounted units projecting above the building on which they are mounted shall be painted light blue. A color sample (six copies) shall be provided as part of the application. The exact color must be approved by the reviewing board. The applicant must maintain the painting and pigmentation for the duration of the PWTF's existence, and the PWTF units must be removed if the appearance of the units is not properly maintained.
(e) 
Antennas must be spaced and positioned on the building in such a way as not to interfere with that wall's architectural design or its decorative features. Antennas must be mounted in such a way that they are evenly spaced along the building's wall and they are evenly spaced from corners or other building features such as windows, brackets or decorative panels. The reviewing board must determine that the antennas are being spaced in a pattern that does not disrupt any repetitive patterns of any wall's or parapet's decorative bracketing, paneling or window placement. All applicants must submit detailed facade drawings and photographs of all building views being affected by the PWTF installation.
(f) 
All wiring and/or cable tray devices must be positioned in such a way as not to be visible to the public, unless determined by the reviewing board that there is no possible position for the wire tray to not be visible to the public. The applicant may use external wiring only if he can provide evidence to the central Planning Board that wiring through the building is not possible for structural reasons. If external wiring is to be used, it can only be mounted on outside walls that are not visible from any public street, park or plaza. Such wiring and/or wire trays must be painted to match the wall surface upon which they are being mounted and must be mounted at an area so as not to interfere with the architectural features of the building. In the instance that the building upon which antenna mounting being proposed does not have any wall area that is not visible from a public street, park or plaza, wiring must be mounted on the wall that is visible from the street with the least vehicular and pedestrian traffic.
(g) 
All equipment must be kept inside the building where the PWTF project is proposed to be conducted. If this is not possible, the applicant must present reasoning for this to the reviewing board, and the equipment must then be placed inside a structure to be placed on a flat part of the building's roof. The equipment structure must be no taller than 15 feet, set back at least four feet from all front or side edges of the roof or any other roof edge that fronts directly on a public street, built of an exterior construction material with the same appearance as the exterior walls of the building, and it must have no more than 360 square feet of floor area. If equipment were to be placed outside the building or off the roof, it shall be enclosed in accordance with § 51-119B(3)(c).
C. 
Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance (see Chapter 184, Noise Pollution), except for in emergency situations requiring the use of a backup generator.
D. 
Radio frequency emissions. The FTT gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission, and PWTFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTFs and radio frequency emission standards. PWTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
E. 
Structural integrity. PWTFs must be constructed to the Electronic Industries Association/Telecommunications Industry Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
F. 
Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
G. 
Additional site plan submission requirements. In addition to the applicable documentation and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted to the Planning Board for review and approval as part of the site plan submission:
(1) 
All site plan details required by the City's Site Plan Ordinance[1] shall be provided and, in addition, shall include the site boundaries; proposed tower location; existing structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; uses, structures and land use designations on the site and abutting parcels; and the setback distance between the proposed tower and the nearest residential unit, adjacent properties and other towers.
[1]
Editor's Note: See Art. XII, Subdivision and Site Plan Procedures, of this chapter.
(2) 
In the case of an antenna mounted on an existing tower, structure or building, the proposed method of affixing the antenna to the structure or building, complete details and scaffold drawings of all fixtures and couplings, and the precise point of all attachments shall be indicated.
(3) 
Documentation by a qualified expert regarding the capacity of any proposed PWTF for the number and type of antennas.
(4) 
Documentation by a qualified expert that any proposed PWTF will have sufficient structural integrity to support the proposed antennas and the anticipated future co-located antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) have been met.
(5) 
A letter of intent by the applicant, in a form which is reviewed and approved by the Office of Corporation Counsel, indicating that the applicant will share the use of any PWTF with other approved providers of wireless communication services.
(6) 
A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed tower and indicating its view from at least five locations around and within 2,000 feet of the proposed PWTF where the PWTF will be most visible. Aerial photographs of the impact area shall also be submitted. Both existing condition and proposed after-condition will be required for each view.
(7) 
A landscape plan drawn to scale generally showing proposed landscaping, including species type, size, spacing, other landscape features and existing vegetation to be retained, removed or replaced. In the case of a tower, year-round evergreen screening to effectively screen the tower base and equipment buildings and compound; screening to minimize impact of the tower from nearby residential properties; and screening to minimize impact on scenic views identified in the visual impact study.
(8) 
A determination that the proposed PWTF will not affect navigable airspace pursuant to the Federal Aviation Administration (CFR Title 14 Part 77.13).
(9) 
Where new towers or replacements are proposed, a report by a licensed professional engineer shall be submitted that shall include:
(a) 
A detailed description of the proposed facility, tower, antennas, equipment compound, structures and associated equipment, including height, design, features, access road and power lines, if any.
(b) 
A map (1:100,000 scale) showing the extent of planned coverage for the PWS within the City and the location and service of applicant-operated facilities.
(c) 
Plan and elevation drawings showing the proposed tower, antennas and their associated equipment. The plan shall have a scale no smaller than one inch equals 40 feet,
H. 
Removal of abandoned PWTFs.
(1) 
The owner or operator of a tower shall provide to the Director of Public Works a report every two years from a licensed professional engineer certifying the structural integrity of the tower or structure, together with all antennas mounted thereon and whether they remain in use, and that they meet applicable minimum safety requirements. Such report shall also be provided whenever the antenna(s) is modified and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify the Director of Public Works when the use of such antennas and equipment is discontinued.
(2) 
Any PWTF that is not operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single PWTF, then the abandonment shall not become effective until all users cease using the PWTF for a continuous period of 12 months. The owner of such PWTF shall remove same within 90 days of notice from the Administrative Officer that the PWTF is abandoned. If such PWTF is not removed within said 90 days, the municipality may remove such PWTF at the property owner's expense.
(3) 
Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of approval. The facility owner shall post a bond to cover the cost of tower removal and site restoration prior to its removal. The amount of the bond shall be calculated to account for cost escalations.
(4) 
If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Administrative Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.
I. 
Nonconforming PWTFs. PWTFs in existence on the date of the adoption of this chapter which do not comply with the requirements of this chapter (nonconforming PWTFs) are subject to the following provisions:
(1) 
Nonconforming PWTFs may continue in use for the purpose now used but may not be expanded without complying with this chapter.
(2) 
Nonconforming PWTFs which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this chapter. If this destruction is greater than partial, then repair or restoration will require compliance with this chapter.
(3) 
The owner of any nonconforming PWTF may repair, rebuild and/or upgrade (but not expand such PWTF or increase its height or reduce its setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this chapter.
In districts where conditionally permitted, public and private schools shall be subject to the following standards:
A. 
Minimum lot size: one acre.
B. 
Minimum lot width: 150 feet.
C. 
Minimum lot depth: 150 feet.
D. 
Minimum front yard: 25 feet.
E. 
Minimum side yard: 15 feet.
F. 
Minimum rear yard: 10 feet.
G. 
Maximum height: three stories or 35 feet.
H. 
Maximum coverage: 50%.
I. 
The proposed school shall offer a curriculum generally or specifically meeting the requirement for public education for grades kindergarten through 12th grade or any part thereof.
J. 
The proposed school shall meet the site, location and educational requirements of the New Jersey Department of Education.
In districts where conditionally permitted, houses of worship and related accessory uses shall be subject to the following standards:
A. 
Minimum lot size: 20,000 square feet.
B. 
Minimum lot width: 100 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Front yard: 20 feet.
E. 
Side yard: 15 feet.
F. 
Rear yard: 10 feet.
G. 
Height: three stories or 35 feet.
H. 
Coverage: 35%.
I. 
No building or part thereof designed and built for storefront-type retail use or residential use may be used as a house of worship, club or charitable or philanthropic institution.
J. 
No building or part thereof designed and built for business, office, retail or other commercial use may be used as a house of worship, club or charitable or philanthropic institution.
Home occupations are conditionally permitted within any residence, subject to the following standards:
A. 
No person other than members of the family residing on the premises plus one outside employee shall be engaged in the home occupation.
B. 
The home occupation shall be conducted entirely within the principal dwelling structure.
C. 
The use of the dwelling structure for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the gross floor area of the principal dwelling structure, not including the cellar or basement, shall be used for the home occupation.
D. 
No commercial vehicle shall be kept on the premises in connection with the home occupation.
E. 
The dwelling structure shall have no external evidence of a nonresidential use other than a small nameplate sign not exceeding one square foot in area, and no display of products shall be visible from the street.
F. 
No traffic or parking shall be generated in excess of three passenger automobiles in addition to those used by the owner, all of which must be parked off the street in properly designed spaces in the side or rear yards.
G. 
There shall be no direct retail sale of goods upon the premises.
H. 
No mechanical or electrical equipment shall be used that will be detectable to the normal senses or that will create electrical or radio interference.
I. 
There shall be no nuisance element detectable beyond the principal structure in connection with the home occupation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In districts where conditionally permitted, clubs, charitable or philanthropic institutions, except as prohibited, shall be subject to the following standards:
A. 
Minimum lot size: 20,000 square feet.
B. 
Minimum lot width: 100 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Front yard: 20 feet.
E. 
Side yard: 15 feet.
F. 
Rear yard: 10 feet.
G. 
Height: three stories or 35 feet.
H. 
Coverage: 35%.
I. 
No building or part thereof designed and built for storefront-type retail use or residential use may be used as a house of worship, club or charitable or philanthropic institution.
J. 
The operation of penal institutions, hospitals, clinic or facilities for the care or treatment of mental illnesses, contagious disease and alcohol or drug addicts shall be prohibited under this conditional use.
In districts where conditionally permitted, commercial service facilities within a multifamily structure shall be subject to the following standards:
A. 
The entrance to the commercial service facilities shall be from an interior public area of the building.
B. 
Any outdoor sign relating to the commercial use shall be a facade sign only and shall not be more than eight square feet in area.
C. 
Sufficient parking shall be provided for the commercial service facility in accordance with this chapter, in addition to the normal requirements for the multifamily structure.
In districts where conditionally permitted, drive-in facilities shall be subject to the following standards:
A. 
Lot size, lot width, lot depth, yard requirements, buffers, height and coverage shall be as per the requirements of the permitted use in the districts where permitted.
B. 
All operations connected with the proposed use, including the lining up of waiting vehicles, shall take place within the confines of the proposed site. Provision shall be made for egress from the site from one alternate means in addition to the termination of the drive-in line.
C. 
The noise levels at the boundary of the lot shall not exceed in intensity and frequency the noise of street traffic at the adjoining street or streets.
In districts where conditionally permitted, private commercial parking lots and structures not accessory to a permitted use shall be subject to the following standards:
A. 
Minimum lot size: 7,500 square feet.
B. 
Minimum lot width: 75 feet.
C. 
Minimum lot depth: 100 feet.
D. 
No parking shall extend any closer than five feet to any lot line. Rear yards, height and coverage: as per the requirements of the district.
In districts where conditionally permitted, accessory parking areas and structures not on the same lot as the principal use shall be subject to the following standards:
A. 
Minimum lot size: 7,500 square feet.
B. 
Minimum lot width: 75 feet.
C. 
Minimum lot depth: 100 feet.
D. 
No parking shall extend any closer than five feet to any lot line.
E. 
The owner of the principal use to which the parking area is accessory shall demonstrate that he owns the property designated for accessory parking use or that he has a lease to rent the property for accessory parking use, which lease shall extend for at least 10 years.
In districts where conditionally permitted, car sales lots shall be subject to the following standards:
A. 
Minimum lot size: 20,000 square feet.
B. 
Minimum lot width: 150 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Maximum coverage by structure: 20%.
E. 
Maximum height of structure: one story or 20 feet.
F. 
Driveways and parking areas shall be set back at least five feet from any property line.
G. 
No string lighting shall be permitted.
H. 
Parking: one space per 2,000 square feet of lot area.
In districts where conditionally permitted, gasoline stations and facilities for auto, truck or trailer rental shall be subject to the following standards:
A. 
Minimum lot size: 20,000 square feet.
B. 
Minimum lot width, including any lot side which permits access: 150 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Maximum coverage by structure: 20%.
E. 
Maximum height of structure: one story or 20 feet.
F. 
Minimum distance of buildings from all property lines other than street lines: 25 feet.
G. 
Minimum setback from all street lines: 60 feet.
H. 
Minimum distance between any building, including accessory use, and any residential district: 50 feet.
I. 
Minimum distance between structure of any service station and/or repair garage and another service station or repair garage or those for which a building permit has been issued: 300 feet, measured along the same street line in the same or adjoining block. For similar use establishment located on opposite sides of the street, the point of beginning measurement shall be offset to the opposite street.
J. 
Such use shall not be located within 1,000 feet of the property line of any of the following uses (measured along street right-of-way lines): a public or private school, a public or private park or playground, a hospital, a house of worship, any place of public assembly or a fire station or any existing gasoline station or facility for auto, truck or trailer rental.
K. 
Minimum distance between gasoline pump islands, compressed air connection and any street lines: 25 feet.
L. 
Spacing of access driveways.
(1) 
Minimum distance between any access driveway and any residential district: 50 feet.
(2) 
Minimum distance from adjoining property line: 10 feet.
(3) 
Minimum distance between access driveways: 30 feet.
M. 
Hydraulic hoists, pits and all lubrication, greasing, washing and repair equipment shall be entirely enclosed within buildings.
N. 
Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.
O. 
Wrecked, junked or stripped vehicles or vehicles in an inoperative condition shall not be permitted.
P. 
Noise levels at the boundary of the lot shall not exceed in intensity and frequency the noise of street traffic in the adjoining street or streets.
Q. 
A buffer not less than six feet in width shall be provided where this use abuts a side or rear lot line of a residential lot or use. The buffer shall consist of suitable landscape materials to be maintained at a height of at least six feet and shall be of a density to effectively shield the use year-round. A solid fence or wall may be used in combination with plant materials to provide a dense screen.
In districts where conditionally permitted, car washes (auto laundries) shall be subject to the following standards:
A. 
Minimum lot size: 20,000 square feet.
B. 
Minimum lot width: 150 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Maximum coverage by structure: 25%.
E. 
Maximum height of structure: one story or 20 feet.
F. 
Minimum yard requirements: structure shall be 25 feet from any street line; 15 feet from any property line.
G. 
All operations connected with the proposed use, including the lining up of waiting vehicles, shall take place within the confines of the proposed site.
H. 
The noise at the boundary of the lot shall not exceed in intensity and frequency the noise of street traffic at the adjoining street or streets.
In districts where conditionally permitted, auto repair garages, body shops and auto painting shall be subject to the following standards:
A. 
Minimum lot size: 10,000 square feet.
B. 
Minimum lot width, including any lot side which permits access: 100 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Maximum coverage by structure: 60%.
E. 
Maximum height of structure: two stories or 25 feet.
F. 
Minimum distance of buildings from all property lines other than street lines: 25 feet.
G. 
A maximum of three cars may be offered for sale, subject to the following provisions:
(1) 
A State of New Jersey used car dealer's license shall be displayed.
(2) 
The title of the vehicle shall be in the proprietor's possession.
(3) 
A storage area must be provided and shown on a minor site plan which shall be submitted to the Administrative Officer for review and approval by the Minor Subdivision and Site Plan Subcommittee.
In districts where conditionally permitted, funeral homes shall be subject to the following standards:
A. 
Minimum lot size: 20,000 square feet.
B. 
Minimum lot width: 150 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Minimum front yard requirements: 20 feet; except in the INST Zone, where the front yard setback shall be equal to the average setback of buildings within 200 feet on either side.
E. 
Maximum height: 2 1/2 stories or 35 feet.
F. 
Maximum coverage: 35%.
In districts where conditionally permitted, theaters shall be subject to the following standards:
A. 
Minimum lot size: 20,000 square feet.
B. 
Minimum lot width: 150 feet.
C. 
Minimum lot depth: 150 feet.
D. 
Minimum front yard requirements: zero feet.
E. 
Minimum side yard: 15 feet each.
F. 
Minimum rear yard: 10 feet.
G. 
Maximum height: 2 1/2 stories or 35 feet if a detached structure; permitted as part of a taller structure.
H. 
Maximum coverage: 35%.
In districts where conditionally permitted, veterinary establishments shall be subject to the following standards:
A. 
Minimum lot size: 10,000 square feet.
B. 
Minimum lot width: 100 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Minimum front yard requirements: zero feet.
E. 
Minimum side yard: 10 feet each.
F. 
Minimum rear yard: 10 feet.
G. 
Maximum height: 2 1/2 stories or 35 feet if a detached structure; permitted as part of a taller structure.
H. 
Maximum coverage: 35%.
In districts where conditionally permitted, retail factory outlets and accessory commercial uses shall be subject to the following standards:
A. 
The Planning Board shall determine that there is sufficient parking to serve the retail factory outlet or commercial use as well as the principal use.
In districts where conditionally permitted, hospitals of 50 beds or more, except those primarily for the care or treatment of mental illnesses, contagious diseases and alcohol or drug addicts, shall be subject to the following standards:
A. 
Minimum lot size: two acres.
B. 
Minimum lot width: 300 feet.
C. 
Minimum lot depth: 200 feet.
D. 
Front yard setback: 25 feet.
E. 
Side and rear yard setback: 1/3 of the building height, but in no case less than 10 feet.
F. 
Height: determined by floor area ratio.
G. 
Maximum coverage: 35%.
H. 
Floor area ratio: 2.5.
I. 
Such use shall be subject to all requirements of the State of New Jersey relating to hospitals.
In districts where conditionally permitted, clinics of 10,000 square feet of floor area or more, except those primarily for the care or treatment of alcohol or drug addicts shall be subject to the following standards:
A. 
Minimum lot size: 20,000 square feet.
B. 
Minimum lot width: 150 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Front yard setback: equal to the average setback of buildings within 200 feet on either side.
E. 
Maximum height: six stories.
F. 
Maximum coverage: 25%.
G. 
Floor area ratio: 2.0.
H. 
Such use shall be subject to all requirements of the State of New Jersey relating to nursing homes.
In districts where conditionally permitted, child-care centers shall be subject to the following standards:
A. 
Minimum lot size: 15,000 square feet.
B. 
Minimum lot width: 100 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Front yard: equal to the average setback of buildings within 200 feet on either side.
E. 
Side yard: 10 feet each.
F. 
Rear yard: 10 feet.
G. 
Height: 2 1/2 stories or 35 feet.
H. 
Maximum coverage: 35%.
I. 
Such uses shall be subject to compliance with all the requirements of the State of New Jersey.
J. 
Any outdoor play areas associated with child-care centers must be secured, designed and located to assure child safety.
K. 
There shall be an on-site queuing area for passengers capable of holding at least four cars.
In districts where conditionally permitted, transitional residential facilities shall be subject to the following standards:
A. 
Minimum lot size: 5,000 square feet.
B. 
Minimum lot width: 50 feet.
C. 
Minimum lot depth: 100 feet.
D. 
Front yard: equal to the average setback of buildings within 200 feet on either side.
E. 
Side yard: 10 feet each.
F. 
Rear yard: 20 feet.
G. 
Height: 2 1/2 stories or 35 feet.
H. 
Maximum coverage: 35%.
I. 
Limit of three patients.
J. 
There must be a professional supervisor in residence.
In districts where conditionally permitted, cemeteries shall be subject to the following standards:
A. 
Minimum lot size: 25 acres.
B. 
Such use shall be subject to all requirements of the State of New Jersey.
In districts where conditionally permitted, colleges and universities shall be subject to the following standards:
A. 
Minimum lot size: 25 acres.
B. 
The Planning Board may vary the lot width, depth and yard requirements, height, coverage and floor area ratio at the time of site plan review as long as no college or university structure is located closer than 1/3 the building height or 25 feet to an adjoining residential lot line or residential zoning district boundary, and provided that all applicable landscaped buffer requirements are observed.
C. 
Such use shall be subject to a written report from the East Orange Fire Department and compliance with the recommendations of that report.
D. 
Such uses shall be subject to compliance with all the requirements of the New Jersey Department of Education.
In districts where conditionally permitted, community residences for developmentally disabled and community shelters for victims of domestic violence which house more than six residents excluding resident staff shall be subject to the following conditions:
A. 
Facility shall be located no closer than 1,500 feet of an existing such residence or shelter.
B. 
Adequate off-street parking shall be provided for residents, resident staff and visitors.
C. 
Residents at all such facilities within the City of East Orange shall not exceed 0.5% of the total City population.
In districts where conditionally permitted, taxi stands for temporary parking of licensed and insured taxi, limousine and livery car services may be established for loading and unloading of passengers and their associated baggage on portions of public streets or facilities or private areas if permitted by the owner, subject to the approval of the Director of Public Works.
In districts where conditionally permitted, billboards may be established as a principal use or as an accessory use to a principal use that is not a billboard, and shall be subject to the following standards:
A. 
Billboards visible from state, interstate and limited access highways shall be subject to approval by the New Jersey Department of Transportation pursuant to N.J.A.C. 16:41C-1.1 et seq.
B. 
No billboard shall be permitted to have a moving, changing or flashing image by mechanical, digital or electronic means.
C. 
No billboard shall be permitted to have video, digital or any other form of electronic changing message.
D. 
All billboards shall be shielded to prevent light from being directed at any portion of the main traveled way of the street or highway or, if not so shielded, be of such low intensity or brilliance as not to cause glare or impair the operation of a motor vehicle, as determined by the Director of Public Works.
E. 
All billboards shall comply with the following additional regulations:
(1) 
Billboards are to only be permitted in the Industrial District by conditional use.
(2) 
No such facility can be erected such that any part of the structure is in or is positioned to be within the line of sight from any school, park, historic district, historic structure, residentially zoned district or redevelopment area.
(3) 
No such facility can be erected within 1,000 feet (measured in a straight line) of the border with any facility or district listed in Subsection E(2) above.
(4) 
No such facility shall exceed a height of 40 feet from grade at its highest point for a freestanding unit or unit mounted on a building wall. Any facility mounted on a building rooftop may not project more than 20 feet above the height of the building's roof.
(5) 
No trees or other landscaping features can be removed or substantially reduced in size in any way to accommodate the visibility of the billboard.
(6) 
No billboard shall be located closer than 1,000 feet (measured in a straight line) from another such billboard.
(7) 
No such facility shall be allowed to obscure or cover any building's windows, doorways, architectural trim, nor shall it be located within five feet of such a building feature.
(8) 
The maximum permitted advertising area showing in one general direction (within 45°) shall not exceed 650 square feet for a single billboard or combination of billboards.
(9) 
Visual impact on the surrounding areas shall be minimized through the use of landscaping, berming and grading at the base of the unit. Dense all-season or evergreen landscaping shall be installed at the base of any freestanding billboard structure.
(10) 
The billboard operator or owner shall comply with the Roadside Sign Control and Outdoor Advertising Act, as contained in N.J.S.A. 27:5-5 et seq., as well as all other regulations, statutes or laws relating to billboards.
(11) 
Any existing billboard for which structural changes are made must comply with all standards and conditions in this statute, or the billboard must be removed.
(12) 
All billboards must be properly maintained for safety and aesthetic value. Any billboard facility that has signs of disrepair, including but not limited to graffiti, rust, peeling paint, rotten wood, broken supports or boards, or other signs of disrepair, for a period of more than 30 days, is not being properly maintained and is defined to be abandoned.
(13) 
All billboard operators are required to comply with all other ordinances and regulations that pertain to billboard licensure, placement and operations.
(14) 
Any application for conditional use review for a billboard must include the same information as would be required for a site plan review to be deemed complete.
In districts where conditionally permitted, health spa and therapeutic massage uses shall be subject to the following standards:
A. 
Facilities shall be designed and operated under the supervision of a state-licensed massage, bodywork and somatic therapist.