[1]
Editor's Note: See also the Summary Table of Conditional Uses, included at the end of this chapter.
A.
The regulations in this article set forth the standards which shall be used by the Planning Board in reviewing applications for conditional uses. The uses to be considered conditional uses in each zoning district are set forth in this article and in the Schedule of Regulations in Article IV. The procedures for review and approval of conditional uses by the Planning Board are set forth in the Land Use Procedures Ordinance of the City of Clifton, including requirements for public notice, notice to all property owners within 200 feet of the subject property and public hearing by the Planning Board.[1]
B.
All conditional uses shall require site plan approval by the Planning Board according to the procedures and standards set forth in Article VII, Site Plan Approval.
C.
The general standards for the review of all conditional
uses shall be:
(1)
The Planning Board shall first determine that the
proposed use shall not be detrimental to the health, safety and general
welfare of the community.
(2)
The proposed use shall be reasonably necessary for
the convenience of the community.
(3)
The proposed use shall not create a fire, traffic
or safety hazard.
(4)
The proposed use or structure shall not have an adverse
effect on the neighborhood in which it is proposed.
(5)
Off-street parking and loading spaces shall be provided in accordance with the Schedule of Regulations in Article IV.
(6)
Where parking, loading or recreation areas adjoin
a residential use or residential zone, there shall be a ten-foot-wide
landscaped strip adjoining the residential lot line, unless a wider
buffer is specifically required.
(7)
The use shall provide safe and efficient vehicular
and pedestrian circulation, with access and egress designed to eliminate
any traffic safety hazards entering and exiting the site, and so designed
as not to cause traffic congestion on abutting streets.
Conditional uses permitted in all zones shall
be as follows:
A.
All utility installations.
[Amended 10-18-1994 by Ord. No. 5703-94]
(1)
The proposed installation shall meet all the requirements
of the Public Utilities Commission.
(2)
The proposed installations shall harmonize with the
character of the neighborhood in which they are proposed and shall
have adequate fencing, safety devices and front, rear and side yard
setbacks to protect adjoining properties. Notwithstanding the above,
no utility installation shall be placed within 500 feet of a residential
district or a school.
(3)
Adequate off-street parking shall be provided to serve
all employees and service personnel visiting the installation.
(4)
Access and egress shall be designed so as not to produce
a traffic safety hazard and so as not to cause traffic congestion
on the abutting streets.
B.
Sale of agricultural or horticultural products upon
the premises where grown. Said stands must be located at least 25
feet from any property line and shall be of a temporary nature and
shall be removed from the front or side yard when not in use.
C.
Walls (other than retaining and building walls) which
do not comply with the minimum building setback requirements.
Conditional uses permitted in R-A1, R-A2 and
R-A3 Districts shall be as follows:
A.
Private and public schools offering instruction, including
elementary, high school and college levels.
[Amended 5-1-1984 by Ord. No. 4888-84]
(1)
Minimum lot size: one acre.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot depth: 150 feet.
(4)
Maximum lot coverage: 20%.
(5)
Maximum height: two stories; 30 feet.
(6)
Minimum front yard: as a single-family use in the
zone constructed, but not less than 25 feet.
(7)
Minimum rear yard: as a single-family use in the zone
constructed, but not less than 35 feet.
(8)
Minimum side yard (interior): 20 feet each; 40 feet
total.
(9)
Minimum side yard (corner), street side: 25 feet.
(10)
Off-street parking.
[Amended 5-1-1984 by Ord. No. 4888-84]
B.
Houses of worship and related accessory uses.
(1)
Minimum lot size: 20,000 square feet.
(2)
Lot width: 100 feet.
(3)
Lot depth: 100 feet.
(4)
Front yard: 20 feet.
(5)
Side yard: 15 feet.
(6)
Rear yard: 35 feet where located in or adjacent to
any residential zone district or residence, and 10 feet for all other
permitted locations.
[Amended 5-7-2002 by Ord. No. 6272-02]
(7)
Height: three stories or 35 feet.
(8)
Coverage: 35%.
(9)
Off-street parking: one space for every four seats.
Conditional uses permitted in R-B1 Districts
shall be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3
Districts, and subject to the same standards.
Conditional uses permitted in R-B2 and R-B3
Districts shall be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3
Districts, and subject to the same standards.
B.
Homes for the aged or senior citizens housing. The
use shall meet the following requirements:
C.
Buildings designed and built to serve as meeting halls
and clubs for nonprofit veterans' associations, fraternal organizations,
lodges, social and charitable organizations.
(1)
The use shall meet the following requirements:
(a)
Minimum lot area: one acre.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard: 25 feet.
(e)
Minimum rear yard: 50 feet.
(g)
Maximum lot coverage: 25%.
(h)
Maximum building height: two stories; 35 feet.
(i)
Minimum off-street parking: one space for each
50 square feet of assembly room area.
(2)
In considering such uses, the Planning Board shall
consider their effect on adjacent residential areas in terms of vehicular
and other activity, that the proposed use shall be integrated with
the surrounding area and with the street pattern thereof.
Conditional uses permitted in B-A Zones shall
be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3
Zones, and subject to the same standards.
B.
Meeting halls and clubs as permitted in R-B2 and R-B3
Zones, and subject to the same standards.
C.
Nursery schools as permitted in the R-B2 and R-B3
Zones, and subject to the same standards.
D.
Laboratories used for research, design or experimentation,
provided that no materials or products shall be manufactured, processed
or fabricated for sale or distribution. The foregoing shall not prohibit
processing or fabricating incidental to product research. No use or
structure shall be permitted under this subsection unless the Planning
Board expressly finds that the operation thereof will not result in
dust, smoke, fumes, gas, offensive or noxious odors or other atmospheric
effluent, and that the noise at the boundary of such lot shall not
exceed in intensity and frequency the noise of street traffic at the
adjoining street or streets, and that such use will not result in
glare observable from such street or produce vibrations noticeable
beyond the lot lines or pose a threat of fire, explosion or radiation.
The use shall comply with the bulk requirements of the B-A Zone as
contained in the Schedule of Regulations.
E.
Hospitals for the care and treatment of human beings
as defined by the State of New Jersey, Department of Institutions
and Agencies, other than an asylum for the insane or other institutions
for mental defectives, or institutions primarily treating drug or
alcohol addicts. The use shall meet the lot area, lot dimensions,
lot coverage, height and yard requirements as follows:
(1)
Minimum lot size: one acre.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Maximum coverage: 20%.
(5)
Maximum height: three stories; 40 feet.
(6)
Minimum front yard: 35 feet.
(7)
Minimum rear yard: 50 feet.
(8)
Minimum side yard (interior): 25 feet each.
(9)
Minimum side yard (corner lot, street side): 35 feet.
(10)
Off-street parking: one parking space for each
doctor on staff, plus one parking space for each three employees on
day shift, plus one parking space for each three beds, plus one parking
space for each ambulance.
(11)
Off-street loading: one space for each 4,000
square feet of floor area.
F.
Business schools offering instruction in specific
fields such as secretarial, music or dance. There shall be adequate
off-street parking provided for the staff and students, with a minimum
of one parking space per staff member and one parking space per every
five students.
G.
Dwelling quarters for the use of watchmen and caretakers
and their families employed upon and in connection with a business
or industrial establishment.
Conditional uses permitted in B-A1 Zones shall
be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3
Zones, and subject to the same standards.
B.
Meeting halls and clubs as permitted in R-B2 and R-B3
Zones, and subject to the same standards.
C.
Nursery schools as permitted in R-B2 and R-B3 Zones,
and subject to the same standards.
D.
Business schools as permitted in B-A Zones, and subject
to the same standards.
E.
Dwelling quarters for the use of a watchman or caretaker
as permitted in B-A Zones.
Conditional uses permitted in B-B Zones shall
be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3
Zones, and subject to the same standards.
B.
Meeting halls and clubs as permitted in R-B2 and R-B3
Zones, and subject to the same standards.
C.
Nursery schools as permitted in R-B2 and R-B3 Zones,
and subject to the same standards.
D.
Hospitals as permitted in B-A Zones, and subject to
the same standards.
E.
Business schools as permitted in B-A and B-A1 Zones,
and subject to the same standards.
F.
Restaurants, excluding fast-food restaurants, serving
food and/or beverages for consumption within the building in which
the food is prepared.
G.
All permitted retail or commercial uses involving
a drive-in facility, including but not limited to drive-in banks,
drive-in photo service and drive-in cleaners. A report shall be received
from the Police Department, and any recommendations included in the
report shall be considered by the Planning Board.
Conditional uses permitted in B-C Zones shall
be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3
Zones and subject to the same standards.
B.
Conditional uses permitted in B-B Zones and subject
to the same standards.
C.
Car washes.
[Amended 4-18-1994 by Ord. No. 5730-95[1]]
(1)
Before a conditional use is granted for a car wash,
there shall be a finding that it conforms to the provisions of this
chapter and shall specifically meet the following:
(a)
There shall be a minimum of one on-site parking
space for each two employees.
(b)
There shall be in addition to the on-site parking
requirements for employees a minimum of one on-site parking space
for each 300 square feet of floor area.
(c)
No part of the lot or premises in question shall
be situated within 200 feet of the property line of a school, library
or church.
(d)
All operations connected with the proposed use,
including the lining of waiting vehicles, shall take place within
the confines of the proposed site.
(e)
The noise at the boundary of such lot shall
not exceed in intensity and frequency the noise of street traffic
at the adjoining street or streets.
(f)
Minimum lot area: 15,000 square feet.
(g)
Minimum lot width: 100 feet.
(h)
Minimum lot depth: 150 feet.
(i)
Maximum coverage by structure: 20%.
(j)
Maximum height: one story or 20 feet.
(k)
Minimum front yard: 50 feet, 25 feet to any
other street right-of-way.
(l)
Minimum rear yard: 35 feet. (Where a car wash
use abuts a residential zone or a residential use, a screen of hedges
or evergreens eight feet in height must be so placed as to be an effective
visual barrier when viewed from the residential zone or the residential
use.)
(2)
A report shall be obtained from the Police Department,
and any recommendations in that report shall be considered by the
Planning Board.
[1]
Editor's Note: This section also superseded
former § 461-33C, New and used car lots, and it redesignated
former Subsections D and E as Subsections C and D, respectively.
D.
Fast-food restaurants.
[Amended 3-5-1985 by Ord. No. 4963-85; 4-18-1995 by Ord. No. 5730-95]
(1)
Before a conditional use is granted for a fast-food
restaurant, there shall be a finding that it conforms to the provisions
of this chapter and shall specifically meet the following:
(a)
Minimum lot area: 25,000 square feet.
(b)
Minimum lot width: 125 feet.
(c)
Minimum lot depth: 150 feet.
(d)
Front yard: 25 feet.
(e)
Rear yard: 50 feet.
(f)
Side yards: 30 feet each.
(g)
Maximum coverage: 25%.
(h)
Height: one story or 20 feet.
(i)
Off-street parking: one parking space for each
two seats, plus one parking space for each employee.
[Amended 4-3-2001 by Ord. No. 6189-01]
(2)
A report shall be obtained from the Police Department,
and any recommendations in that report shall be considered by the
Planning Board.
(3)
If drive-through service is provided, separate lanes
shall be established for the drive-through vehicles so as not to interfere
with the normal operation of the parking lot.
Conditional uses permitted in B-D Zones shall
be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3
Zones and subject to the same standards.
B.
The following conditional uses are permitted in the
B-D Zones and subject to the same standards:
C.
Fast-food restaurants and new and used car lots as
permitted in B-C Zones and subject to the same standards.
D.
Dwelling quarters for the use of a watchman or caretaker
as permitted in the B-A Zones and subject to the same standards.
E.
Gasoline filling stations and auto or truck rental.
(1)
No permit shall be recommended or issued for the erection
of a gasoline filling station or a facility for auto or truck rental,
or for the conversion of any premises not so now used, to be used
for said purpose, if any part of the lot or premises in question is
situated within a radius of 1,000 feet of the property line of:
(a)
A public or parochial school.
(b)
A public or parochial school playground.
(c)
A public or private hospital maintaining at
least 15 beds.
(d)
A church.
(e)
A theater containing at least 100 seats.
(f)
Any place of public assemblage with a seating
capacity of 100 persons or more.
(g)
Any public playground or athletic field.
(h)
Any existing public garage or motor vehicle
service station.
(i)
A fire station.
(2)
Before a conditional use is granted for a filling
station, there shall be a finding that it conforms to the provisions
of this chapter and shall specifically meet the following:
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Maximum lot coverage: 20%.
(e)
Maximum height: one story or 20 feet.
(g)
Screen: Where a B-D Zone abuts an R Zone or
use, a use permitted in a B-D Zone must be screened at the rear lot
line by hedges or evergreens at least eight feet high and so placed
as to be an effective visual barrier when viewed from the R lot.
(h)
Off-street parking shall be provided in the
amount equal to one space for each employee plus one space for each
service vehicle.
(3)
A report shall be obtained from the Police Department,
and any recommendations in that report shall be considered by the
Planning Board.
F.
Auto repair garages.
(1)
The use shall meet the lot area, lot dimensions, lot
coverage, height and yard requirements set forth in the Schedule of
Regulations as to Bulk, Height and Other Requirements.[1]
[1]
Editor's Note: The Schedule of Regulations as to Bulk, Height and Other Requirements is included at the end of this chapter.
(3)
A report shall be obtained from the Police Department,
and any recommendations in that report shall be considered by the
Planning Board.
G.
Advertising signs, subject to the provisions of Article IX. The proposed sign shall meet the following requirements:
(1)
An advertising sign shall not be located within 1,000
feet (measured along the side of the street or highway on which located)
of a school, a public park or playground, place of public assembly
(except restaurant or fast-food restaurant), a residential zone or
another advertising sign.
(2)
An advertising sign shall not be located within 100
feet of a street intersection or access or exit ramp.
(3)
An advertising sign shall not be located on a lot
on which there is a building.
(4)
An advertising sign shall not be illuminated by intermittent,
rotating or flashing lights, nor contain lights which are similar
in color or design to traffic signals.
(5)
An advertising sign shall not contain any moving parts.
(6)
An advertising sign shall not use symbols which are
similar in design to standard traffic signs.
(7)
All advertising signs shall conform to all yard requirements
of the zone in which located.
Conditional uses permitted in the M-1 Zones
shall be as follows:
A.
Hospitals as permitted in the B-A Zones and subject
to the same standards.
B.
Auto repair garages as permitted in the B-D Zones
and subject to the same standards.
C.
Advertising signs as permitted in the B-D Zones and
subject to the same standards.
D.
Dwelling quarters for a watchman or caretaker as permitted
in the B-A Zones and subject to the same standards.
E.
Temporary structures, tents, air structures, mobile
units, etc., provided that all the bulk requirements of the zone are
met, and with a time limit established not to exceed one year.
[Amended 5-3-1983 by Ord. No. 4805-93; 4-18-1995 by Ord. No. 5731-95]
Conditional uses permitted in the M-2 Zones
shall be as follows:
A.
Gasoline filling stations as permitted in the B-D
Zones and subject to the same standards.
B.
Dwelling quarters for a watchman or caretaker as permitted
in the B-A Zones and subject to the same standards.
C.
Advertising signs as permitted in the B-D Zones and
subject to the same standards.
D.
Temporary structures, etc., as permitted in the M-1
Zones and subject to the same standards.
E.
Truck terminals, transfer stations, warehouses and
storage of construction equipment in yards or in closed buildings,
provided that there shall be a finding that:
(1)
The frontage and principal access to such use shall be located on a collector or arterial street (as defined under Chapter 399, Subdivision of Land) not less than 60 feet in width, except that the Planning Board shall allow such use to be permitted on a collector or arterial street less than 60 feet in width, provided that there is a finding that such street can reasonably carry the expected truck traffic and the location of such use will not adversely affect adjacent properties and meets all other requirements of this chapter.
(2)
The frontage of the lot on which such use is proposed
to be located shall not be within 1/2 mile of a public or parochial
school or public park or playground which abuts the same street as
the proposed truck terminal, transfer station or warehouse fronts,
except State Highway Route No. 3 and Route No. 46, measured along
the center line of said street.
(3)
The use shall not be located on a lot, any part of
which is within 100 feet of a residence district boundary.
(4)
The use shall meet the area, height and bulk requirements
for industrial plants in an M-2 District and shall meet the off-street
parking, loading and unloading and buffer requirements of this chapter
as it pertains to industrial plants in an M-2 District.
F.
Auto body garages, provided that the proposed use meets all the bulk requirements for the M-2 Zone; that buffer requirements for adjoining residential districts are observed; that the Fire Department approves the plans for spray painting and welding; and that the performance standards contained in Article V are met.
G.
Laboratories used for research, design or experimentation,
provided that there shall be a finding that:
(1)
The use shall meet the buffer, area, height and bulk
requirements of the M-2 Districts and shall meet the off-street parking
requirements for offices and commercial laboratories and shall meet
the off-street loading requirements for shops, mills and factories.
[Added 5-3-1983 by Ord. No. 4805-83]
Conditional uses permitted in M-3 Zones shall
be as follows:
A.
Conditional uses permitted in the M-2 Zones and subject
to the area, height and bulk requirements in an M-3 Zone.
[Added 7-2-1985 by Ord. No. 4988-85]
Conditional uses permitted in the PCD Zone shall
be as follows:
A.
Gasoline filling stations, provided that no repair
or body work is done on the premises and no disabled vehicles or vehicles
for sale are stored on the premises and provided that it is integrated
into the overall development concept.
C.
Recreation facilities, including but not limited to
the following, or similar uses: indoor theaters, tennis courts, racquetball
courts, squash courts, handball courts, swimming pools and pedestrian
trails.
D.
Business schools, as in the B-A Zones and subject
to the same standards.
E.
Private schools, with parking requirements as in the
Schedule of Regulations, Column 8.
F.
Drive-in banks as in the B-B Zones and subject to
the same standards.
G.
Car rental services, provided that no more than 10
cars are stored at any time.
[Added 1-2-2001 by Ord. No. 6170-01]
Conditional uses permitted in the PSRC District
shall be as follows:
A.
Assisted living facilities. Residences for the elderly
or other persons in need of similar services that provide rooms, which,
may include semi-independent living quarters, and the supervision
of self-administered medication, as well as shared facilities for
meals, recreational shared facilities for meals, recreational activities,
personal care and transportation.
(1)
Landscape buffer. A landscape buffer, as required in § 461-13T(5) of this chapter, shall be provided.
(2)
Bulk requirements.
(a)
Minimum lot area is five acres.
(b)
The maximum gross permitted density is 25 living
units per acre, measured as beds or rooms, whichever is greater.
(c)
The minimum setback from any public street or
drive is 60 feet.
(d)
The minimum setback from any other property
line is 35 feet.
(e)
The maximum building coverage is 25%.
(f)
The minimum amount of open space is 25%.
(g)
The maximum building height is four stories
or 45 feet to the midpoint of the roof as averaged on all sides of
any building.
(3)
Off-street parking. There shall be one off-street
parking space for each employee and one space for each three beds
or rooms, whichever is greater.
(4)
Residential development standards. The developers shall comply with the residential development standards in § 461-13T(8) of this chapter.
(5)
Signs. The developers shall comply with the sign standards in § 461-13T(9) of this chapter.
(6)
Site lighting. The developers shall comply with the site lighting standards in § 461-13T(10) of this chapter.
[Added 12-6-2004 by Ord. No. 6452-04; amended 12-21-2004 by Ord. No. 6453-04]
Conditional uses permitted in the PD-1(A) District
shall be as follows:
A.
Fast-food restaurants without drive-in or drive-through
service shall be permitted only in retail shopping centers greater
than 100,000 square feet net floor area.
