[Amended 12-13-2012 by Ord. No. 26-12]
Pursuant to N.J.S.A. 40:55D-25 and N.J.S.A. 40:55D-60, the Land Use Board may approve conditional uses as permitted in this chapter. Application for a conditional use shall be made in accordance with the procedures set forth in Chapter
171 for site plan and conditional use approval.
A. Before any permit is issued for a conditional use,
application shall be made to the Land Use Board. In reviewing the
application, the Board shall review the number of employees or users
of the property and the requirements set forth in this chapter, and
shall give due consideration to any elements which would affect the
public health, welfare, safety, comfort and convenience, such as but
not limited to the proposed uses, the character of the area, vehicular
travel patterns and access, pedestrian ways, landscaping, lighting,
signs, drainage, sewage treatment, potable water supply, utilities
, signs and structural locations and orientations. The Board shall
conduct a public hearing with notice on the application. A conditional
use shall be deemed to be a permitted use in the zoning district in
which it is located, and each conditional use application shall be
considered as a separate and individual case regardless of prior application
approvals. In all applications for approval of a conditional use,
the burden of proof shall be on the applicant. All conditional uses
shall require site plan approval or amended site plan approval.
B. The Land Use Board shall not approve a conditional
use unless it finds that the use meets all the requirements of this
chapter.