The following land uses shall require site plan review and approval
prior to the issuance of a conditional use permit:
A.
Schools, public or private.
B.
Churches, religious congregations and related uses.
C.
Hospitals, convalescent homes and medical centers.
D.
Municipal facilities and public utility offices and buildings.
E.
Philanthropic, nonprofit recreational uses.
F.
Community residences and shelters for six or more.
G.
Funeral homes.
H.
New and used motor vehicle sales offices.
I.
Senior citizens housing and life care centers.
J.
Preschool nurseries and day-care centers.
K.
Auto repair shops and public garages.
L.
Gasoline stations.
M.
Cemeteries.
N.
Flea markets.
O.
Home occupations.
R.
Such other uses which the Planning Board deems to be similar or related
to the above and by definition shall be considered conditional uses,
provided that such similar or related use is permitted in the zone.
All development plans requiring a conditional use approval and
permit shall be submitted to the Planning Board. The Board shall grant
or deny approval of a conditional use according to the specifications
and standards set herein within 95 days of the submission of a complete
application.
The Planning Board shall include a site plan review pursuant to the provisions of Article VIII. Whenever approval and/or review by the County Planning Board is required, the Buena Borough Planning Board shall condition its approval upon timely receipt of a favorable review by the County Board.
No permits shall be issued prior to full compliance with the
conditions of final approval as specified in the resolution of the
Planning Board. The Secretary shall notify the Zoning Officer in writing
that all the conditions have been met and that the conditional use
permit may be issued.
All conditional uses shall comply with the following:
B.
Where development includes two or more conditional uses on one site,
the most restrictive regulation shall apply.
C.
When an existing conditional use is proposed to be expanded, the
Board shall require the correction of any site condition which is
hazardous, potentially hazardous or detrimental to the public health
and safety as a condition for approval of the expansion.
A.
Curbs and gutters are required for all conditional use developments.
However, the Board may consider a waiver of this requirement upon
written recommendation from the Borough Engineer if the development
is to be located in the A-1 Agricultural Zone or the R-4 or R-5 Zone;
or if the development is to be located within any Pinelands Area,
then in accordance with the Pinelands Commission requirements.
B.
Sidewalks shall be installed for schools, churches, hospitals, convalescent
homes, municipal facilities, public utility offices, senior citizen
housing, life care centers, day-care centers and funeral homes. Sidewalks
shall be required for all other conditional uses if such uses are
located within walking distance of a school or where sidewalks have
been installed on the property adjacent to the proposed site.
C.
Access drives are required to be installed for all uses as follows:
one two-way (at a minimum of 24 feet wide at the property line) or
two one-way (at a minimum of 12 feet wide at the property line) access
drives per site. The Board may approve additional access drives for
sites having 200 feet or more of street frontage or for sites which
front on two public streets, provided that said additional drive does
not create undue or potential hazard.
D.
Curb opening regulations at intersections. In order to reduce existing or potential hazard or congestion, no access drive shall be placed closer than 40 feet to the beginning of the curb radius at intersections with minor arterials (see Article XII for the list of minor arterial streets), and no access shall be closer than 30 feet to the beginning of the curb radius at any other intersection. The Board may require these distances to be increased after consideration of traffic flow studies or traffic impact statements which address the particular conditions of the site and the use.
E.
Paving is required for all access drives, on-site passageways and
parking and service areas. The paving type shall be oil and stone,
at minimum, and FABC (fine aggregate bituminous course) for sites
having heavy traffic.
F.
Shade trees are required for all uses, as follows: one tree for each
50 feet of frontage planted in the front buffer area; and one tree
for each 25 spaces, planted to shade on-site parking areas. Existing
trees which qualify may be counted to meet this standard.
G.
Buffer areas are required for all uses, as follows: a five-foot-wide
area along side and rear lines of sites which are located within the
business and industrial zones; and a fifteen-foot-wide area along
lines which abut existing residences or other zones. A front buffer,
10 feet wide, measured in from the street right-of-way line, shall
be required along all frontages. Buffer areas shall not be paved or
reduced in size by any intrusion and shall be properly maintained.
NOTE: Depending on the type of vegetation which is to be used for
screening purposes, additional width may be necessary for side and
rear buffers in order to ensure proper maintenance of effective screening.
H.
Screening is required for all uses along side and rear lines to form
a visual barrier when such lines abut a residence or follow zone boundaries
other than business or industrial zones. When fences are used to screen,
sufficient landscaping to break the monotony of the fence shall be
provided. Existing trees and shrubs which essentially meet this standard
may be approved, with supplemental plantings where necessary, to create
proper screening.
All conditional uses shall comply with the schedules set under Article XVI, § 150-122, Zoning schedules, Table of Conditional Use Standards,[1] and those specified below for the particular use.
[1]
Editor's Note: The Table of Conditional Use Standards is included at the end of this chapter.
In addition to the requirements cited under §§ 150-148, 150-149 and 150-150, the following specific standards shall apply to senior citizen housing and day-care center developments:
A.
The maximum number of dwelling units per building shall be 10, and
the maximum number of dwelling units per acre shall be eight.
C.
A minimum of 20% of the net site area shall be open space reserved
for residents' use, with at least half of this space devoted to active
recreation. The reserved open space shall not include buffer areas,
access drives, parking areas or lands within 25 feet of any residential
structure.
D.
A senior citizen housing development or life care center shall be
designed and located to meet the special needs of senior citizens,
particularly for convenient access to public transportation, shopping
areas, medical care and parks.
In addition to the requirements cited under §§ 150-148, 150-149 and 150-150, the following specific standards shall apply to preschool nurseries and day-care centers:
A.
A fence shall enclose the play area, which shall be a minimum of
four feet in height, except that fences placed within 20 feet of side
or rear property lines shall be six feet high. Such fence shall be
70% closed on its vertical surface along all sides except the side
facing the nursery building itself. If the area to be fenced is surrounded
by existing or proposes shrubbery which serves to form a visual barrier,
the Board may not require the seventy-percent closure.
B.
Other activity areas, such as parking and accessways, shall be screened
from neighbors' view.
In addition to the requirements cited under §§ 150-148, 150-149 and 150-150, the following specific standards shall apply to auto repair shops and public garages:
A.
The entire site, except for buffers, landscaped areas and display
areas for car sales, shall be paved.
B.
No building or equipment shall be located or kept within 50 feet
of a residential zone or a residence.
C.
A screening fence, eight feet high, to enclose damaged, dismantled,
immobile and neglected cars shall be installed. Such fenced area shall
be located within the rear yard or in the side yard, behind the building
line.
In addition to the requirements cited under §§ 150-148, 150-149 and 150-150, the following specific standards shall apply to gasoline stations:
A.
Underground gasoline storage tanks shall be placed at least 50 feet
from any property line and shall meet the National Fire Protection
Association (NFPA) standards.
B.
Kiosks used for shelters may be placed on service islands but in
no case closer than 35 feet to the front property line nor closer
than 50 feet to side or rear lines. Such kiosks shall be limited to
50 square feet of area.
C.
Structures housing flammable materials shall be placed at least 50
feet from a residential zone or a residence.
D.
Where an accessory retail convenience outlet is part of the gasoline
station plan, the floor area of such accessory use shall not exceed
2% of the net site area.
E.
Gasoline stations shall be located no closer than 200 feet to a school,
church, hospital, library, theater or recreation center.
F.
Canopies placed over service pumps shall not be placed closer than
25 feet to the front property line nor closer than 50 feet to side
or rear property lines.
In addition to the requirements cited under §§ 150-148, 150-149 and 150-150, the following specific standards shall apply to cemeteries:
A.
No cemetery plan or expansion of an existing cemetery shall be approved
unless a certificate of authority is issued by the New Jersey Cemetery
Board, Department of Banking, as provided under Title 8A of the New
Jersey Statutes Annotated.
B.
A six-foot-high fence, at least 70% open, shall be installed around
the perimeter of the cemetery along side and rear lines, or shrubbery
planted, such as cedars, to form a visual screen.
C.
Fences placed along street frontages shall set back at least 10 feet
from the right-of-way line and the ten-foot space shall be seeded.
Sufficient shrubbery which grows no higher than four feet at maturity
shall be planted along such fence to break the monotony of the fence.
Visibility at the intersection of accessways and streets shall not
be obstructed.
D.
Access drives within the cemetery shall be wide enough to permit
a car to pass another, i.e., not less than 18 feet.
In addition to the requirements cited under §§ 150-148, 150-149 and 150-150, the following specific standards shall apply to flea markets:
A.
No parking shall be permitted within the street right-of-way.
B.
The front, rear and side buffers shall be a minimum of 15 feet wide
and shall be maintained free of any intrusion, except for landscaping
materials that are required for screening purposes where the site
abuts a residential use or a zone other than the B-2 Zone.
C.
No display tables shall be placed closer than 63 feet to any property
line where a two-way on-site access drive and one row of parking is
proposed; and no display tables shall be placed closer than 50 feet
to any property line where a one-way on-site access drive and one
row of parking is proposed.
D.
If no on-site access drive and parking is proposed along a side or
rear property line, no display table shall be placed closer than 25
feet to said side or rear property line.
E.
If no on-site access drive and parking is proposed along the frontage
of the site, no display table shall be placed closer than 35 feet
to the street right-of-way line.
F.
On-site access drives shall be graded, compacted or surfaced to maintain
a safe, well-drained and dustfree passage for motor vehicles.
G.
Areas around display tables for customers' use shall be compacted
and well-drained to maintain safe, level and dry passage for pedestrians;
said space shall be at least five feet wide.
In addition to the requirements cited under §§ 150-148, 150-149 and 150-150, the following specific standards shall apply to home occupations:
A.
The maximum square footage of the total residence to be devoted to
the home occupation use shall not exceed 25% or 700 square feet, whichever
is less.
B.
No advertising display of any kind shall be permitted except an identification
sign not to exceed two square feet in area.
C.
On-site parking spaces.
(1)
Number.
(a)
A minimum of two on-site parking spaces in addition to the two
required spaces for residential use shall be provided; or
(b)
In the case of a doctor's office, a minimum of four on-site
parking spaces, or six if the doctor has an associate, in addition
to the two required spaces for residential use shall be provided.
(2)
Parking shall be limited to the side or rear of the residence.
D.
No goods, chattels, materials, supplies or items of any kind pertaining
to the home occupation shall be delivered to or from the premises
except by passenger car or utility vehicle.
E.
No retail sales or products shall be offered to the public.
F.
No noise, glare, dust or other nuisance to the residents or residential
zone shall be created by the home occupation.
G.
Outside activity areas, if any, and parking areas shall be screened
from neighborhood view.
H.
A minor site plan shall be approved prior to the issuance of any
permits to conduct a home occupation.
A.
After a conditional use permit or a zoning variance has been authorized
by the Board, the applicant shall have six months in which to obtain
the permit. Failure to obtain the permit within six months shall void
the authorization unless the applicant shall have made, prior to the
expiration of the six-month period, a written application to the Zoning
Officer for an extension of time. Such extension may be granted for
a period not to exceed six months.
B.
After the conditional use permit has been issued, the applicant shall
have six months to commence construction. To "commence construction"
means that the foundation has been laid and the walls erected to a
height of three feet above grade.
C.
Construction which has been commenced, as defined above, at the passage
of this chapter may be completed according to the provisions on which
the permit was granted.
