The Planning Board shall have the authority to receive applications
for conditional uses and to approve such applications where the considerations
and conditions are met as hereinafter outlined in this article.
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 following criteria shall be considered by the Planning Board
in reviewing applications for conditional uses:
A. The type and location of the proposed use in relation to the needs
and growth pattern of the Borough.
B. The adequacy of the site area for the use proposed.
C. The arrangement of buildings and structures, driveways, parking and
loading areas and other site plan features, with respect to compatibility
with adjoining present and prospective uses as permitted by this Part
3.
The approval of a conditional use may be subject to conditions,
which may include or relate to, but are not limited to, design of
buildings, aesthetics and appearance, plantings and their maintenance
as screens between dissimilar uses, other landscaping features, hours
of operation of the proposed use, lighting, density or extent of use,
nuisance factors and public health measures.
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. Residential public utility facilities, excluding wireless telecommunications
facilities: in residential zones.
B. Community shelters for victims of domestic violence, community residences
for the terminally ill, and community residences for persons with
head injuries, either of the foregoing which house fewer than 16 persons,
excluding resident staff, as regulated in N.J.S.A. 40:55D-66.1 and
40:55D-66.2: in residential zones.
C. Renewable energy facilities, which must comply with all bulk standards
of the zone; facilities may be attached to the primary residence,
provided no new variances are created: in residential zones.
D. Nonprofit chartered membership organizations: in nonresidential zones.
E. Residential-type public utility facilities: in nonresidential zones.
F. Gasoline and automotive service stations presently existing: in nonresidential
zones.
G. Private commercial parking lots as a principal use: in nonresidential
zones.
H. Multifamily apartment buildings with a density of less than 26 units
per acre: in the C Commercial Zone District.
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 nonresidential zone
districts and only if all of the following requirements are complied
with:
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 bona fide nonprofit group
organized solely for charitable purposes or for the benefit and enjoyment
of its members who shall primarily be residents of the Borough and
the surrounding communities.
(2)
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)
Sales 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.
(3)
Overnight accommodations shall not be provided.
(4)
The hours of use are fixed in a manner in which the property
rights of nearby property owners will not be adversely affected.
(5)
Activities of the organization will be carried on primarily
within an enclosed building or structure.
Residential-type public utility facilities and uses are permitted
in residential 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.
Community shelters for victims of domestic violence, and community
residences for persons with head injuries, any of which house fewer
than 16 persons, excluding resident staff, are permitted in residential
zone districts and shall satisfy all of the requirements of the zone.
The term "community shelters and residences" as used in this section
shall mean community residence for persons with head injuries or community
shelter for victims of domestic violence pursuant to N.J.S.A. 40:55D-66.1
et seq.
A. Basement utilization. Basement areas shall not be utilized to house
persons but may be used for recreation areas.
B. Proof of licensing. Each community residence shall submit proof of
licensing by the New Jersey Department of Human Services.
C. Exterior appearance. The exterior appearance of any building or site
utilized as a community residence shall be constructed or altered
so as to be harmonious with the residential character of adjacent
structures in the residential zone. Fire escapes are permitted but
must be located in the rear of the structure.
[Added 6-9-2021 by Ord.
No. 2021-06]
The operation of retail businesses, cultivation facilities,
product manufacturing facilities and/or testing facilities for marijuana,
hashish and/or cannabis, and/or products containing same, and/or paraphernalia
that facilitates the use of marijuana, hashish and/or cannabis, is
not permitted in any zone.