Borough of Leonia, NJ Article XIX Special Exception Uses

§ 290-100 Purpose.

The purpose of this article is to set forth a complete and comprehensive scheme of orderly procedure for obtaining from the Board of Adjustment permits for special exception uses of lands and premises in accordance with N.J.S.A. 40:55-39b.[1]

[1] Editor's Note: See N.J.S.A. 40:55D-70 for current provisions.

§ 290-101 Application for permit.

Application for a permit for any special exception use shall be made to the Board of Adjustment by filing an application with the Zoning Officer. Such application shall set forth and be accompanied by the following:

A. A site plan drawn in accordance with Chapter 236, Site Plan Review, which site plan shall, in addition, show the location, type or kind of structure and present use of all buildings within 200 feet of the boundary lines of the lot.

B. Where the applicant is a person other than the owner of the lot, the written consent of such owner or owners authorizing the filing of the application.

§ 290-102 Hearing by Board of Adjustment.

A. Upon the filing of such application, the Board of Adjustment shall fix a date and place for a public hearing to be held on such application. If, after considering the evidence submitted at such hearing, the location and physical characteristics of the premises, building or structure and potential traffic or other hazards to the public, if any, and existing conditions and surroundings, the Board of Adjustment shall find that such proposed use will not be detrimental to the health, safety and general welfare, convenience needs and well-being of the community, it shall grant the application and shall make and enter its order directing the Building Inspector to issue a permit in accordance with the application.

B. Prior to the submission of any application to the Board of Adjustment, a site plan shall be submitted in accordance with Chapter 236, Site Plan Review.

§ 290-103 Requirements to be met.

Anything in this chapter to the contrary notwithstanding, the Board of Adjustment shall not order, direct or authorize the issuance of a permit for a special exception use, unless the site plan shows that the requirements for the particular use as set forth below have been met.

A. Gasoline service stations.

(1) The lot or parcel of land so to be used has a street frontage of at least 125 feet and an average depth of at least 125 feet.

(2) The walls of any building are set back at least 50 feet from a residential zone boundary, at least 25 feet from every adjoining property line and at least 40 feet from a street right-of-way line.

(3) Entrance and exit driveways shall be no more than 30 feet in width with a three-foot radius at the curbline. There shall be a safety zone between driveways of at least 25 feet and driveways shall be at least 10 feet from adjoining property lines.

(4) Corner lots shall have a corner radius of at least 25 feet, and driveway entrances shall start at least 20 feet from the radii tangent points.

(5) 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 25 feet from a residential zone boundary and at least 10 feet from any lot line.

(6) Floor drains shall not be connected to any sanitary sewer or storm sewer system nor discharged into the ground.

(7) The nearest boundary line of the lot or parcel of land so to be used is at least 300 feet measured in a straight line on either the same or opposite side of the street from the boundary line of property which is used as or upon which is erected:

(a) A public or private school or playground.

(b) A church or other place of worship.

(c) A hospital.

(d) A public building or place of public assembly.

(e) A theater or other building or structure used or intended to be used for public entertainment.

(f) A public playground or civic center.

(g) A firehouse or fire station.

(h) An existing gasoline service station.

(8) Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation.

(9) Adequate parking for automobiles of employees and patrons shall be provided. There shall be at least two spaces for employees and patrons, plus two spaces for each garage bay. These spaces shall be suitably defined.

(10) There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste.

(11) Repair work, other than incidental minor repair, shall take place within a fully enclosed building, and all repair or service apparatus shall be located within the building.

(12) All paved areas within the property shall be bounded by concrete curbing at least six inches above the surface. Said curbing shall be at least five feet from a lot line, 10 feet from a street line and 10 feet from a residential zone boundary.

(13) No part of any public garage or automotive service station operation, except off-street parking, shall be conducted within 25 feet of a residential zone boundary. A six-foot unpierced fence shall be installed along any residential zone boundary.

(14) All unpaved areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Board of Adjustment may approve or require.

(15) All storage tanks shall be installed below ground level in accordance with local codes.

(16) The Board of Adjustment may impose such conditions and safeguards as it deems appropriate, with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangement of entrances and exits, to assure public safety.

(17) The requirements of Subsection B shall be met.

B. Other special exception uses.

(1) The lot shall conform to the lot area and coverage requirements of the zone in which it is located.

(2) All buildings shall meet the required conditions of the zone in which the use is located.

(3) Adequate provision shall be made for off-street parking in accordance with Article XVIII.

(4) The development and operation of the proposed use will conform to the general purpose for which the district is established.

(5) The proposed use will not impair the present or potential use of adjacent properties.

(6) The proposed use will be consistent with the development of the district as shown on the Master Plan adopted by the Planning Board.

(7) The Board of Adjustment shall be further guided in determining whether or not to recommend the special use of property under the provisions hereof by taking into consideration such things as capacity of streets and roads, public services to serve the applicants' requirements, the general welfare of the neighborhood and the community, provision for surrounding open spaces and treatment of grounds, off-street parking, landscaping and screening, noise, hazard of fire, explosion or air pollution, vibration, glare and other necessary safeguards to preserve the public health, comfort and convenience and without substantial detriment to the public good.

(8) In the event that the Board of Adjustment shall require the investigation, advice or testimony of expert consultants to assist in a determination as to whether the proposed use conforms to the standards established for a particular district, a deposit in an amount not to exceed $500 may be requested from the applicant to defray the cost of said expert consultants.