Because of the complexity of factors which affect the use of
land, it is not appropriate to definitively determine all of the uses
permitted in each zone. Recognizing that certain uses, activities
and structures are necessary to serve the needs and convenience of
the borough and region and, at the same time, realizing that such
uses may be or may become harmful to the public health, safety and
general welfare if located and operated without proper consideration
of existing conditions and character of surrounding property, such
uses are hereby designated conditional uses and listed as such under
the appropriate zone district in the Schedule of District Regulations. The intent of this Article is to establish a procedure for the Planning Board to consider these specified uses on a case-by-case basis. Decisions of the Planning Board on conditional uses shall be rendered after public hearing and shall be based on the standards specified in this Part
3.
In all requests for conditional uses, the burden of proof shall
be on the applicant. The considerations and standards upon which the
conditional use shall be heard and decided shall be as follows:
A. The use for which application is being made is specifically authorized
as a conditional use in the Schedule of District Regulations for the district in which it is proposed.
B. All regulations and standards specified in this chapter which are
applicable to the proposed use shall apply. The area, bulk and height
regulations for each district shall apply as minimum requirements
except in the following instances:
(1) If area or dimensional regulations are specified in this Part 3,
those standards shall apply.
(2) For commercial and industrial uses, the area and dimensional standards
of the most restrictive commercial or industrial district shall apply,
except if the prevailing zone district standards are more restrictive.
C. The design, arrangement and nature of the particular use is such
that the public health, safety and welfare will be protected and reasonable
consideration is afforded the neighborhood and the zoning district
with regard to conservation of property values, avoidance of congestion
of vehicular traffic or the creation of any unnecessary hazard.
D. Nonresidential buildings shall be oriented so as not to face building
frontage or public entranceways in the direction of a residential
neighborhood. Special consideration shall be given to the buffering
and screening of all such uses from any residential use.
E. Building and structural design shall be compatible with surrounding
land uses.
F. Whenever possible, commercial and industrial conditional uses shall
gain access from roads of minor collector status or above. Traffic
intensive uses, defined as generating more than 50 trips per day,
shall be located on a major collector or arterial road. Applications
for commercial or industrial uses which do not meet these criteria
shall include a detailed traffic report prepared by a qualified traffic
engineer. The traffic report shall include traffic-generation calculations,
peak-hour calculations and an evaluation of the internal traffic circulation
plan and external access roads to handle the anticipated traffic.
This traffic report shall be used to determine the appropriate level
of off-tract road improvements required.
G. The Planning Board may impose any modification or conditions it may
deem necessary to carry out the intent of this chapter or to protect
the health, safety and general welfare of the public.