[Amended 8-23-2022 by Ord. No. 5739]
Pursuant to P.L. 1975, c. 291, the Planning Board may grant conditional uses wherever hereinafter permitted in this article. Application for a conditional use shall be made in accordance with the procedures set forth in Part 5 for preliminary site plan approval, and the Planning Board shall act on the application in accordance with said procedures for preliminary site plan approval. Application for a conditional use shall be granted if the same will not be detrimental to the health, safety and general welfare of the community, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. Requirements for conditional uses provided for in this chapter shall be as follows.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
No building shall exceed the height limit of its zone district except as provided in § 170-1214.
B. 
There shall be minimum lot area of two acres measured within 450 feet of the front street right-of-way.
C. 
All buildings shall be located at least 50 feet from a street property line, at least 25 feet from a side property line and 50 feet from a rear property line.
D. 
Off-street parking shall be provided in accordance with § 170-1301. All parking areas and driveways shall be located at least 10 feet from a street, building or property line.
E. 
There shall be a minimum distance between buildings of 25 feet, but not less than the height of the taller building.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
The lot or parcel of land shall meet the minimum lot size requirements for its zone district.
B. 
The lot or parcel of land so to be used shall have a street frontage of at least 150 feet.
C. 
The walls of the building or structure shall be set back at least 25 feet from every property line and at least 40 feet from a street line.
D. 
The nearest boundary line of the lot or parcel of land so to be used shall be at least 300 feet from any boundary line of property which is used as or upon which is located:
(1) 
A public building.
(2) 
A church or other place of worship.
(3) 
A public park or playground.
E. 
The nearest boundary line of the lot or parcel so to be used shall be at least 1,500 feet from another repair garage or service station, except, however, that this limitation shall not apply where the garage or service station is located on the opposite side of a street or highway of four or more lanes, which is divided by a median or barrier.
F. 
Associated convenience retail may not exceed 4,000 square feet of gross floor area in CC and C/I Zones; associated convenience retail may not exceed 2,500 square feet of gross floor area in NC Zones.
G. 
Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 25 feet from a street right-of-way line, at least 50 feet from a residential zone boundary and at least 25 feet from any property line.
H. 
Associated convenience retail may not exceed 4,000 square feet of gross floor area in CC and C/I Zones, or 2,500 square feet of gross floor area in NC Zones.
I. 
No part of any automotive service station operation or paved area shall be conducted within 25 feet of a residential zone boundary. A six-foot-high unpierced fence shall be installed along any residential zone boundary.
J. 
All paved areas within the property shall be at least 10 feet from a property line or a street right-of-way line.
K. 
Adequate parking for automobiles of employees and patrons shall be provided.
L. 
There shall not be outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, nor shall any trailers or temporary structures be used for storage or otherwise be located on the site.
M. 
Excepting incidental, minor repair work, such as installing windshield wipers, replacing light bulbs and lenses and routine maintenance checks, repairs shall be conducted entirely within the confines of the building, and all repair or service apparatus shall be located within the building.
N. 
It shall be unlawful to park tractors, trailers or trucks outdoors in a gasoline service station overnight. Not more than five passenger vehicles awaiting repairs or parts shall be stored outdoors in a gasoline service station for more than three days.
O. 
All of the aforementioned provisions of this section and others as may apply shall apply to any said use whether nonconforming or conditional.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
Community residences, shelters, and adult family care homes are generally permitted in all residential districts by law, and the requirements shall be the same as for single-family dwelling units located within such districts, in accordance with § 40:55D-66.1 of the Municipal Land Use Law.
B. 
In such cases where the characteristics of a facility do not qualify it as a community residence, shelter, or adult family care home as described in the Municipal Land Use Law, the use shall be considered a conditional use and subject to the following:
(1) 
Facilities shall be those that house greater than six but fewer than 15 developmentally disabled persons, mentally ill persons or victims of domestic violence as defined in N.J.S.A. 40:55D-66.2 and statutes cited therein.
(2) 
All applications shall include a narrative setting forth the full particulars of the building and/or use and which shall contain the following information as a minimum:
(a) 
Street address of property and tax lot and block number.
(b) 
Lot dimension, lot area.
(c) 
Number and type of residents proposed and number of staff proposed to reside on the property, including the maximum number of persons licensed by the state to reside in the home and a precise description of the residents proposed for the home, which shall include but not be limited to such facts as age range, sex and type of disability or handicap, if known.
(d) 
Number, dimensions and area of all proposed bedrooms.
(e) 
Number, dimensions and area of all bathrooms.
(f) 
Dimensions, area and proposed use of all other rooms.
(3) 
Minimum lot area. One thousand five hundred square feet of lot area for each person and employee housed at the residence, but not less than the minimum lot as required in the zone.
(4) 
Minimum gross habitable floor area. Two hundred forty square feet shall be required for each person and employee housed at the residence.
(5) 
Limit on number of residences. No conditional use permit shall be granted if the number of persons residing at existing community residences or community shelters within the Township exceeds 50 persons or 0.5% of the population of the Township, whichever is greater. In making such computation, persons residing in shelters housing six persons or fewer shall also be included.
(6) 
One use on a lot. No community residences for the developmentally disabled shall be located upon a lot containing any other use, nor shall any structure or facility on the site be utilized to provide services for any persons not residing on the site, provided that nothing herein shall be construed to prevent a private lunchroom for staff or the service of meals to visitors.
(7) 
Height and living floors. No facility shall exceed a maximum of two living floors, exclusive of basement, or 27 feet in height, whichever is less. Basement areas shall not be utilized to house persons but may be used for recreation areas.
(8) 
Proof of licensing. Each community residence shall submit proof of licensing by the Department of Human Services of the State of New Jersey or other official/agency having jurisdiction.
(9) 
Separation requirements. No facility shall be located within 1,500 feet of any other such facility, including those shelters housing six persons or fewer.
(10) 
Parking required. Each facility shall provide one off-street parking space for each employee on the shift employing the largest number of persons, plus one off-street parking space for each five persons or fraction thereof residing on the site. The required off-street parking shall be subject to the provisions of Article 26 of this chapter.
(11) 
Harmonious design. No building shall be constructed or altered so as to be inharmonious 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 or as approved by the Fire Subcode Official.
(12) 
Fencing. The rear yard of a facility shall be enclosed with a fence at least four feet in height.
(13) 
Signs. No signs shall be permitted in connection with such use except those permitted in the residential zone.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
There shall be a minimum lot area of two acres.
B. 
All buildings shall have a minimum setback of 50 feet from any street line, 25 feet from a side property line, and 50 feet from a rear property line.
C. 
Off-street parking shall be provided in accordance with § 170-1301. All parking areas and driveways shall be set back at least 10 feet from a street, building or property line.
D. 
No building shall exceed three stories in height or 35 feet.
E. 
Building coverage shall not exceed 50% of the area of the lot.
F. 
No building shall be constructed as long-term care facility which contains fewer than 30 units for the accommodation of residents.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
The lot on which the use is to be located is adjacent to and has an adjoining property line with the CC District.
B. 
Customer vehicular access is solely from and to New Jersey State Highway Route 22, either directly or by means of a street or an access drive through another lot or lots. Such street or access drive shall not connect to any other street and shall not permit access through other drives or parking areas to any other street.
C. 
Truck and delivery access may be provided through streets other than as limited in Subsection B above, provided that such access is to and from New Jersey State Highway 22, the site is designed to prohibit truck access to and from any residential zone and there is no on-site interconnection between the customer drives and parking areas with the truck and delivery areas.
D. 
The size of any particular parcel used for any such conditional use shall not exceed 15 acres.
E. 
The use shall be regulated pursuant to the bulk standards in the CC District to which it is adjacent.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
Bulk standards:
(1) 
Minimum lot area: five acres.
(2) 
Minimum lot width: 200 feet.
(3) 
Minimum lot depth: 400 feet.
(4) 
Minimum front yard: 35 feet.
(5) 
Minimum side yard: 20 feet.
(6) 
Minimum rear yard: 50 feet.
B. 
Accessory structures:
(1) 
Not permitted in the front yard.
(2) 
Minimum side yard: 20 feet.
(3) 
Minimum rear yard: 20 feet.
C. 
Maximum coverage:
(1) 
Building: 30%.
(2) 
Impervious: 75%.
D. 
Parking subject to requirements of § 170-1301.
E. 
A place of assembly may include one residential structure or unit on the same grounds.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
Suites must have a minimum size of 350 square feet.
B. 
Conference and meeting facilities accessory to the living suites may not accommodate more than 35 persons.
C. 
Restaurant and retail uses accessory to the living suites may not exceed a cumulative area of 1,000 square feet.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
A minimum of five on-site holding or queuing spaces with minimum space dimensions 18 feet by nine feet must be provided as an approach lane or lanes to the car wash.
B. 
A minimum of two holding or queuing spaces after the car passes through the complete wash cycle.
C. 
The queuing lanes shall not conflict with the ingress or egress of any pump island or bay, and shall not block sidewalks.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
Any sport, athletic, exercise, group instruction or other activity conducted in a fitness center shall not involve the participation of more than 50 individuals during any period of time.
B. 
Required parking hall be met on-site unless there exists a municipal parking lot located within 250 feet of the facility.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
An adult business may not be located within 1,000 feet of any existing adult business, place of assembly, school, school bus stop, public playground or park, public facility, hospital, childcare center, or area zoned for residential use.
B. 
A sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with landscaping and/or fencing sufficient to impede the view of the interior of the premises in which the business is located.
C. 
Signage shall comply with the requirements of Title 2C:34-7 of the New Jersey Code of Criminal Justice.
D. 
No merchandise, photos or pictures of the products or entertainment on the premises may be displayed on signage, or in or immediately behind window areas or any other area that can be viewed from outside establishment.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
The minimum percentage of very-low-, low- and moderate-income housing shall be 15% of the total number of dwelling units for rental affordable units and 20% of the total number of dwelling units for for-sale affordable units.
B. 
In any multifamily development having five or more residential units, at least one unit must be established as affordable to low- and moderate-income households.
C. 
All affordable units must comply with the Township's Affordable Housing Ordinance.
D. 
Very-low-, low- and moderate-income housing shall be constructed and rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq., and the Uniform Housing Affordability Controls (UI-IAC) at N.J.A.C. 5:80-26.1 et seq., including standards for the split between very-low-, low- and moderate-income housing, provided a minimum of 13% of the affordable units are very-low-income units at 30% of the median income and 37% of the affordable units are low-income units with the 50% balance of units allowed at moderate income; bedroom distribution; range of affordability; pricing and rent of units; affirmative marketing; thirty-year minimum affordability controls and construction phasing with the market rate units developed on the tract.
E. 
Affordable housing units shall not be age-restricted.
F. 
The Township-designated Affordable Housing Administrator shall be responsible to affirmatively market, administer and certify the occupant of each affordable unit, with all administrative costs to be paid by the developer.
[Amended 8-23-2022 by Ord. No. 5739]
To accommodate cellular telecommunications as may be required by the Federal Telecommunications Act of 1996 and by the Federal Communications commission, Cellular Telecommunication Antennas are conditionally permitted in certain zones subject to full compliance with the regulations set forth in Article 23.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
Accessory dwelling units are permitted in the RA and RB Zones on lots with a minimum of 5,000 square feet.
B. 
ADUs are permitted only as accessory to a single-family detached home. Townhomes and two-family homes are ineligible for an accessory dwelling unit.
C. 
A maximum of one accessory dwelling unit per lot is permitted.
D. 
An accessory dwelling unit must be located within an owner-occupied dwelling. The property owner may occupy either the principal dwelling or the accessory apartment.
E. 
Residences containing accessory dwelling units must be indistinguishable from the public right-of-way, without a second point of egress on the front facade or other architectural features signifying a second unit.
F. 
Accessory dwelling units shall not be permitted in basements, garages, or accessory structures.
G. 
Accessory dwelling units must include a full kitchen and bath.
H. 
Accessory dwelling units shall occupy no more than one-third of the net floor area of the building in which they are located, up to a maximum of 1,200 square feet.
I. 
The floor area of the accessory dwelling unit shall be calculated to include one-third of the area of shared storage or utility areas.
J. 
Residences seeking an accessory dwelling unit which exceeds 1,200 square feet or more than one-third of the net floor area shall be classified as a two-family home.
K. 
A minimum of one off-street parking space is required for an accessory dwelling unit.
L. 
A planning or zoning application for an accessory dwelling unit shall include a floor plan drawn to scale which delineates the boundaries of the accessory apartment within the footprint of the structure in which it is located. A demonstration of available on-site parking must also be provided.
M. 
All owners of a property containing an accessory dwelling unit must register with the Township remain in full compliance with all requirements of Municipal Code Chapter 419.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
Cannabis businesses are limited to parcels zoned CC that are located within 1,000 feet of the Route 22 right-of-way.
B. 
Adherence of the site design standards of the Township Land Development Ordinances and Redevelopment Plans through a review by the Zoning Official, and the Township Planning board, is required.
C. 
Dispensaries must be in full compliance with Chapter 351 of the Union Code, and must be issued a Union Township cannabis business license.
D. 
Site plan approval is required.
E. 
In no case shall a dispensary be within a drug-free school zone.
F. 
Dispensaries shall not be located within 1,500 feet of a residential use or zone.
G. 
Dispensaries shall limit their hours of operation to between 8:00 a.m. and 10:00 p.m. Monday through Sunday, or as otherwise provided for within a special use permit.
H. 
Cannabis dispensaries shall not be located within 1,500 feet of another cannabis dispensary.
I. 
Medical cannabis dispensaries may sell usable cannabis-related product only to individuals with an active Medical Marijuana Program (MPP) identification card or caregiver identification card.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
Dispensaries must be in full compliance with Chapter 351 of the Union Code, and must be issued a Union Township cannabis business license.
B. 
Adherence of the site design standards of the Township Land Development Ordinances and Redevelopment Plans through a review by the Zoning Official, and the Township Planning board, is required.
C. 
Cannabis businesses are limited to parcels zoned C/I.
D. 
Facilities shall not be located within 250 feet of a residential use or zone.
E. 
Site plan approval is required.
F. 
Cannabis facilities shall not be located immediately adjacent to school property used for school purposes where children are present.
G. 
Facilities must be secured in accordance with all applicable provisions as defined by the state and the licensing requirements of the Union Township municipal code.
H. 
No signage other than directional or discrete building identification signage shall be permitted. Signage shall remain innocuous and part of the general directional signage typically found in industrial manufacturing facilities. Facade signs will be limited to those at the point of entry to the facility and may not be more than six square feet.
I. 
Unusual odors shall be prohibited. Odor mitigation filtration systems must be installed and maintained in perfect working order at all times.
J. 
Light spillage must be 0.5 footcandle or less at any property line.
K. 
Noise beyond the decibel level permitted by the Township noise ordinances shall be prohibited.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
Facilities must be in full compliance with Chapter 351 of the Union Code.
B. 
Cannabis businesses are limited to parcels zoned CC that have frontage on Route 22 or Lehigh Avenue. Any retail component must be on these frontages and other corridors that the governing body deems acceptable.
C. 
Adherence of the site design standards of the Township Land development Ordinances and Redevelopment Plans through a review by the Zoning Official, and the Township Planning Board, is required.
D. 
Facilities may only serve patients with an active Medical Marijuana Program (MPP) identification card or caregiver identification card.
E. 
Site plan review is required. Facilities are subject to the site design standards of the Township of Union through a review by the Zoning Official and/or the Township Planning Board.
F. 
If a dispensary is co-located with a cultivation center, the area of the proposed premises utilized for cultivation shall be physically separated from the area of the premises utilized for the dispensing of medical cannabis and open to the public or to patients. Walls, barriers, locks, signage, and other means shall be employed to prevent the public or patients from entering the area of the premises utilized for cultivation of medical cannabis.
[Added 8-22-2023 by Ord. No. 5777]
Smoke shops are limited to parcels zoned CC that are located within 1,000 feet of the Route 22 right-of-way.
[Added 12-17-2024 by Ord. No. 5842]
A. 
Body art establishments are limited to parcels zoned CC that are located within 1,000 feet of the Route 22 right-of-way.
B. 
No body art establishment shall be located within 1,000 feet of any existing body art establishment as defined herein. The distance between the businesses shall be measured from the nearest entrance of an existing business to the nearest entrance of the proposed new business.