A.
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. The Planning Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed use, the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping, lighting, signs, buffers, drainage, sewage treatment, potable water supply, utilities and building and structure location(s) and orientation(s). Any conditional use shall require Planning Board site plan review and approval before the issuance of a building permit or certification of occupancy. A site plan containing the information required in Chapter 327, Land Subdivision and Site Plan Review, of the Code of the Borough of East Rutherford shall be filed with the Planning Board. The Planning Board shall, in considering said site plan, obtain a report of the Police Department, which shall be incorporated into its report. No conditional use shall be favorably acted upon by the Planning Board unless it shall first deem that the proposed use can be conducted at the proposed site and as depicted on the site plan without causing undue traffic congestion or affecting in a deleterious manner the flow of traffic on the public streets adjacent to the proposed use.
B.
In addition to other powers conferred by this chapter
and applicable statutes, the Planning Board shall have original jurisdiction
and power to grant a permit for a conditional use under the terms
and conditions established by this chapter, and under the following
guiding principles:
(1)
The use for which application is being made is specifically
designated as a conditional use within applicable sections of this
chapter.
(2)
The design, arrangement and nature of the use is such
that the public health, safety and welfare will be protected and reasonable
consideration is afforded to the:
C.
The Planning Board shall grant or deny an application
for a conditional use within 95 days of submission of a complete application
by a developer to the Planning Board or within such further time as
consented to by the applicant. This time period on conditional uses
shall also apply to a site plan review in such cases.
The following conditional uses shall be permitted
in all districts:
A.
Private and public schools offering instruction, including
elementary, high school and college levels. The use shall meet the
following requirements:
(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 or 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.
The following conditional uses shall be permitted
in residential districts:
A.
Houses of worship and related accessory uses. The
use shall meet the following requirements:
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 or 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.
The following conditional uses shall be permitted
in the Neighborhood Commercial District:
A.
Houses of worship and related accessory uses. The
use shall meet the following requirements:
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 or 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.
D.
Day-care centers or nursery schools, as defined in § 389-6. The use shall meet the following requirements:
E.
Funeral homes.
(1)
Minimum area and yard requirements shall conform to those required in § 389-25B(1) for drive-in banks.
(2)
The lot shall front on a collector or arterial road
as specified in the Borough Master Plan, and all ingress and egress
shall be limited to such roads.
(3)
A minimum buffer of 20 feet shall be provided along
any common property line with a residential district or residential
use.
F.
Motor vehicle service stations.
(1)
A "motor vehicle service station" is defined as any
building, land area or other portion thereof used for the retail dispensing
or sales of vehicular fuels; servicing and repair of automobiles;
and including as an accessory use the sale and installation of lubricants,
tires, batteries and similar accessories.
(2)
General guidelines. Motor vehicle service stations, while necessary, may be detrimental to the public safety and welfare if located without due consideration of their impact upon the community, need in direct relation to the number of motor vehicle service stations serving the existing and projected population and conditions regarding land use of the Board of Adjustment regarding a special exception application for a motor vehicle service station shall consider the above-noted relationships and, in addition, shall find that such application conforms with the specific requirements in Subsection F(3) below.
(3)
Specific requirements.
(a)
The lot or parcel of land so to be used shall
have a street frontage of at least 150 feet and an average depth of
at least 100 feet, except in the case of a corner lot, where the street
frontage and depth shall be at least 125 feet.
(b)
Minimum area and yard requirements shall conform to those required in § 389-25B(1) below for drive-in banks, except as herein modified:
(c)
The entrance and exit driveway or driveways
shall be at least 15 feet wide and 10 feet from the adjoining property
and at least 50 feet from the corner of intersecting public streets.
(d)
Every gasoline or oil-tank pump, lift or filling,
greasing or other device, appliance or apparatus shall be located
at least 25 feet from any street line and at least five feet from
side and rear lines of the premises.
(e)
The nearest boundary line of the lot or parcel
of land to be used shall be at least 500 feet from any boundary line
of property which is used as or upon which is erected a public or
private school, a church or other place of worship, a hospital, a
public library, public art museum or other public building, a public
playground or civic center or a firehouse or fire station.
(f)
All pump islands shall be set back a minimum
of 25 feet from any street line.
(g)
On corner lots, the side street setback line
shall be 50 feet.
(h)
A minimum buffer of 50 feet shall be provided
along any common property line with a residential district or residential
use.
(i)
Landscaping strips of a minimum width of 10
feet shall be provided along front and side street lot lines. All
landscaped areas shall be curbed with concrete or granite block curbing.
(j)
All garbage receptacles or other outside appurtenances
shall be screened by means of adequate landscaping or fencing.
(k)
Parking on the site shall be limited to those
vehicles of employees, those vehicles which are involved in repairs
or servicing at the station and those commercial vehicles accessory
and necessary to the operation for the service station. No other parking
shall be permitted. No parking shall be permitted on unpaved areas.
(l)
There shall be a minimum of 1,500 feet between
service stations, which distance shall be measured from the nearest
property lines; provided, however, that this restriction shall not
apply to stations located along opposite side lines of a dual highway
with traffic lanes divided by a permanent median strip.
(m)
No service station shall be located within 300
feet of any school, theater, church, public park or playground, fire
station, health-care facility, first-aid station, public building
or institution.
(n)
All appliances, pits and storage areas other
than gasoline filling pumps and air pumps shall be within a building.
All lubrication, repair or similar activities shall be performed in
a fully enclosed building and no dismantled parts shall be displayed
outside of the enclosed building.
G.
Conditional uses.
[Added 9-16-2014 by Ord. No. 2014-06]
(1)
Mixed retail/personal services/professional offices in one structure
with residential dwellings, subject to the following conditions:
The following conditional uses shall be permitted
in the Regional Commercial District:
A.
Day-care centers or nursery schools, as defined in § 389-6. The use shall meet the following requirements:
B.
Drive-in banks.
(1)
Minimum area and yard requirements shall conform to
the following requirements:
|
Principal Building Minimum
| ||
|---|---|---|
|
Lot area
|
15,000 square feet
| |
|
Lot frontage
|
120 feet
| |
|
Lot width
|
120 feet
| |
|
Side yard (each)
|
20 feet
| |
|
Front yard
|
35 feet
| |
|
Rear yard
|
30 feet
| |
|
Accessory Building Minimum
| ||
|---|---|---|
|
Distance to side line
|
10 feet
| |
|
Distance to rear line
|
10 feet
| |
|
Distance to other building
|
10 feet
| |
|
Principal and Accessory Building Maximums
| ||
|---|---|---|
|
Building coverage of principal building
|
40%
| |
|
Building coverage of accessory building(s)
|
5%
| |
(2)
The lot shall front on a collector or arterial road,
as specified in the Borough Master Plan, and all ingress and egress
shall be limited to such roads.
(3)
A minimum buffer of 20 feet shall be provided along
any common property line with a residential district or residential
use.
(4)
All other regulations of the B-1 Business Zone, except
as herein modified, shall apply.
C.
Gasoline stations.
(1)
No permit shall be recommended or issued for the erection
of a gasoline station if any part of the lot or premises in question
is situated within a radius of 250 feet of the property line of:
(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: 40,000 square feet.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 125 feet.
(d)
Maximum lot coverage of building and canopy:
20%.
(e)
Maximum height of building and canopy: one story
with a maximum height of 20 feet.
(f)
Screen. Where a gasoline filling station abuts
a residential zone or existing residential use, the yards abutting
the residential zone or residential use shall be screened by hedges
or evergreens at least eight feet high and so placed as to be an effective
visual barrier when viewed from the residential zone or existing residential
use. Any fencing used along a residential zone or existing residential
use must also be screened with hedges or evergreens at least eight
feet high, and so placed as to be an effective visual barrier from
the residential zone or existing residential use.
(g)
Off-street parking shall be provided in the
amount equal to one space for each employee plus one space for each
275 square feet of floor area for any ancillary retail use.
D.
Renewable
and/or sustainable energy systems primarily using solar panels. That
use shall meet the following requirements:
[Added 8-16-2011 by Ord. No. 2011-11]
E.
Retail electronic cigarette stores.
[Added 7-15-2014 by Ord. No. 2014-14]
(1)
No permit shall be issued for a retail electronic cigarette store
if any part of the lot or premises on which such store is situated
shall be located within a radius of 1,000 feet of the property line
of:
F.
Self-service storage facilities. Self-service storage facilities
have characteristics in common with both commercial uses and industrial
uses. This subsection provides regulations to appropriately site self-service
storage facilities while maintaining the desired character and function
of those zones. In general, self-service storage facilities generate
low levels of vehicular and pedestrian activity and do not contribute
to the vitality of a commercial area compared to other commercial
uses. Historically self-service storage facilities have visually resembled
industrial facilities, but some recently constructed facilities have
featured designs compatible with higher-quality commercial development.
If designed appropriately as stand-alone multistory structures that
emulate the exterior architecture of commercial, residential or multifamily,
self-storage uses may be located without adversely impacting Master
Plan goals, zoning intent or the surrounding neighborhood. Thus, self-service
storage facility uses shall adhere to the following conditions:
[Added 12-15-2015 by Ord.
No. 2015-31]
(1)
Self-service storage facilities are permitted only within multistory
structures designed to emulate multifamily or office buildings.
(2)
The only activities permitted in individual storage units shall be
the rental of the unit and the pickup and deposit of goods and/or
property in dead storage. Storage units shall not be used for activities
such as:
(a)
Residences, offices, workshops, studios, or hobby or rehearsal
areas.
(b)
Manufacturing, fabrication, or processing of goods, service
or repair of vehicles, engines, appliances or other electrical equipment,
or any other individual activity.
(c)
Conducting retail sales of any kind, including garage or estate
sales or auctions, or to conduct any other commercial activity; provided
that the operator of the self-service storage may conduct a sale or
otherwise liquidate the contents of any storage unit to satisfy and
settle an account of unpaid rent or other charges, through public
or private sale, in a manner provided by law.
(d)
Storage of flammable, perishable or hazardous materials or the
keeping of animals.
(3)
The rental of trucks, trailers or moving equipment and the installation
of trailer hitches are prohibited.
(4)
Sale of boxes or packing materials is permitted but only if accessory
to the self-service storage facility.
(5)
Self-service storage facilities shall not operate or allow tenant
access between the hours of 12:00 midnight and 6:00 a.m.
(6)
All goods and property stored in a self-service storage facility
shall be stored in an enclosed building. No outdoor storage of any
kind, including but not limited to storage of boats, RVs, vehicles,
trailers or similar vehicles, etc., or storage in outdoor storage
pods or shipping containers is permitted.
(7)
All storage units above ground level and storage units visible from
residential areas shall gain access from the interior of the building(s)
or site; no unit doors, loading bays, or docks may face or be seen
from any adjacent residential areas.
(8)
Electrical service to storage units shall be for lighting and climate
control only. No electrical outlets are permitted inside individual
storage units. Lighting fixtures and switches shall be of a secure
design that will not allow tapping the fixtures for other purposes.
(9)
The self-service storage facility shall have ingress and egress from
a state highway.
The following conditional uses shall be permitted
in the Light Industrial District:
A.
Motor vehicle repair facilities.
(1)
"Motor vehicle repair facilities" is defined as any
building or premises and land in which or upon which a business, service
or industry involving the maintenance, servicing, repair or painting
of vehicles is conducted or rendered.
(2)
Minimum area and yard requirements shall conform to those required in § 389-25B(1) above for drive-in banks, except as herein modified:
(3)
On corner lots, the side street setback line shall
be 50 feet.
(4)
A minimum buffer of 50 feet shall be provided along
any common property line with a residential district or a residential
property.
B.
Day-care centers or nursery schools, as defined in § 389-6. The use shall meet the following requirements:
D.
Retail electronic cigarette stores.
[Added 7-15-2014 by Ord. No. 2014-14]
(1)
No permit shall be issued for a retail electronic cigarette store
if any part of the lot or premises on which such store is situated
shall be located within a radius of 1,000 feet of the property line
of:
E.
Self-storage facilities.
[Added 12-19-2017 by Ord.
No. 2017-15]
(1)
The provisions of § 389-25F shall not apply to self-storage facilities in the I Light Industrial District. Rather, self-storage facilities, as defined in § 389-6, shall be permitted as conditional uses in the I Light Industrial District, provided the use shall meet the following condition: minimum lot size: 175,000 square feet.
(2)
In addition to the minimum lot size condition, the use shall comply
with the following standards which shall not be considered as conditional
use requirements, but rather relief from said standards shall be cognizable
under N.J.S.A. 40:55D-70:
(a)
For applications for newly constructed self-service storage facilities, the same are permitted only within multistory structures designed to emulate multifamily or office buildings. For existing industrial and commercial buildings, this subsection dealing with design shall not be applicable to repurpose the structure as a self-storage facility, but its design shall be a consideration under Chapter 327, below, entitled "Site Plan Review."
(b)
The only activities permitted in individual storage units shall
be the rental of the unit and the pickup and deposit of goods and/or
property in dead storage. Storage units shall not be used for activities
such as:
[1]
Residences, offices, workshops, studios, hobby or rehearsal
areas;
[2]
Manufacturing, fabrication, or processing of goods, services
or repair of vehicles, engines, appliances or other electrical equipment,
or any other individual activity;
[3]
Conducting retail sales of any kind including garage or estate
sales or auctions or to conduct any other commercial activity, provided
that the operator of the self-service storage may conduct a sale or
otherwise liquidate the contents of any storage unit to satisfy and
settle an account of unpaid rent or other charges, through public
or private sale, in a manner provided by law.
[4]
Storage of flammable, perishable or hazardous materials or the
keeping of animals.
(c)
The rental of trucks, trailers or moving equipment and the installation
of trailer hitches are permitted so long as incidental and accessory
to the operation of the self-storage facility. Trucks incidental and
accessory to the self-storage use shall be those customarily used
by patrons or consumers and shall be limited to vans, pickup trucks
and two-axle trucks not exceeding 27 feet in total vehicle length.
No tractor-trailers or trucks exceeding the above listed consumer-style
trucks shall be permitted.
(d)
Sale of boxes or packing materials is permitted, but only if
accessory to the self-service storage facility.
(e)
Self-service storage facilities shall not operate with staff
between the hours of 12:00 midnight and 6:00 a.m., except that restricted
tenant-only access and rental vehicle dropoff shall be permitted at
all times.
(f)
All goods and property stored in a self-service storage facility shall be stored in an enclosed building. No outdoor storage of any kind, including but not limited to storage of boats, RVs, vehicles, trailers or similar vehicles, etc., or storage in outdoor storage pods or shipping containers is permitted. This shall not apply to the outdoor storage of vehicles available for rental as permitted in Subsection E(2)(c) above.
(g)
All storage units above ground level and storage units visible
from residential areas shall gain access from the interior of the
building(s) or site. No individual rental unit doors may face or be
seen from any adjacent residential areas.
(h)
Electrical service to storage units shall be for lighting and
climate control only. No electrical outlets are permitted inside individual
storage units. Lighting fixtures and switches shall be of a secure
design that will not allow tapping the fixtures for other purposes.
(i)
Should the self-service storage facility have ingress or egress
from a state highway, its access to and from the site shall be by
way of the state highway, and circulation to and from the lot shall
not permit access to nonhighway streets within the Borough.
(j)
Self-service storage facilities located in the I Light Industrial
Zone shall have a height not to exceed 40 feet and no more than four
stories.
