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:
(a) 
Character of the neighborhood and zone district.
(b) 
Conservation of property values.
(c) 
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
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.
(a) 
Schools for elementary grades: one space for each staff member.
(b) 
Schools for high school grades: one space for each staff member plus one space for every 20 students.
(c) 
Schools for college grades: one space for each staff member plus one space for every 0.7 student per session.
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:
(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: 10 feet.
(7) 
Height: three stories or 35 feet.
(8) 
Coverage: 35%.
(9) 
Off-street parking: one space for every four seats.
B. 
Homes for the aged or senior citizens housing. The use shall meet the following requirements:
(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 or 40 feet.
(6) 
Front yard: 35 feet.
(7) 
Rear yard: 50 feet.
(8) 
Side yard: 25 feet each.
(9) 
Off-street parking:
(a) 
Housing: one space for every three dwelling units.
(b) 
Home for the aged: one space for every three beds.
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.
(f) 
Minimum side yards:
[1] 
Each side: 20 feet.
[2] 
Both sides: 55 feet total.
[3] 
Street side: 25 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:
(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: 10 feet.
(7) 
Height: three stories or 35 feet.
(8) 
Coverage: 35%.
(9) 
Off-street parking: one space for every four seats.
B. 
Homes for the aged or senior citizens housing. The use shall meet the following requirements:
(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 or 40 feet.
(6) 
Front yard: 35 feet.
(7) 
Rear yard: 50 feet.
(8) 
Side yard: 25 feet each.
(9) 
Off-street parking:
(a) 
Housing: one space for every three dwelling units.
(b) 
Home for the aged: one space for every three beds.
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.
(f) 
Minimum side yards:
[1] 
Each side: 20 feet.
[2] 
Both sides: 55 feet total.
[3] 
Street side: 25 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:
(1) 
Minimum lot size: 10,000 square feet.
(2) 
One off-street parking space per staff member.
(3) 
Compliance with all state requirements for nursery schools.
(4) 
No adverse effect upon surrounding properties.
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:
[1] 
On corner lots, the side street setback line shall be 50 feet.
[2] 
A minimum buffer of 30 feet shall be provided along any common property line with a residential district or residential use.
[3] 
Maximum lot coverage of the principal structure is 20%.
(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:
(a) 
A maximum of two dwelling units may be provided per structure;
(b) 
Each dwelling unit shall have a minimum floor area of at least 850 square feet;
(c) 
The applicant shall provide the number of on-site parking spaces determined by adding together:
[1] 
The parking requirements established under the Residential Site Improvement Standards established by the State of New Jersey for all residential uses on the site; and
[2] 
The greater of the parking requirements under this chapter or Chapter 327 for all nonresidential uses on the site.
H. 
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:
(a) 
A public or private school;
(b) 
A public or private school playground;
(c) 
A church;
(d) 
A public playground or athletic field;
(e) 
A fire station;
(f) 
A residential zone.
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:
(1) 
Minimum lot size: 10,000 square feet.
(2) 
One off-street parking space per staff member.
(3) 
Compliance with all state requirements for nursery schools.
(4) 
No adverse effect upon surrounding properties.
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:
(a) 
A public or private school.
(b) 
A public or private school playground.
(c) 
A church.
(d) 
Any public playground or athletic field.
(e) 
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: 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.
(h) 
Freestanding pylon signs. Only one freestanding pylon sign is permitted subject to the following:
[1] 
Said sign must be internally illuminated.
[2] 
Maximum height: 20 feet.
[3] 
Minimum distance to property line of right-of-way: five feet.
[4] 
Maximum total sign area: 100 square feet.
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]
(1) 
A minimum landscaped buffer of 15 feet from residential uses and residential zones shall be provided in addition to any other yard or setback requirement otherwise applicable.
(2) 
Site shall be located east of Route 17.
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:
(a) 
A public or private school;
(b) 
A public or private school playground;
(c) 
A church;
(d) 
A public playground or athletic field;
(e) 
A fire station;
(f) 
A residential zone.
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.
(10) 
Notwithstanding anything to the contrary in the Limiting Schedule of § 389-27, self-service storage facilities otherwise satisfying the requirements of this § 389-25F may have a height not to exceed 60 feet from the elevation of Route 17 and no more than five stories.
G. 
Highway convenience stores, which shall adhere to the following conditions:
[Added 12-15-2015 by Ord. No. 2015-31]
(1) 
A highway convenience store shall satisfy the requirements set forth in § 389-25C.
(2) 
A highway convenience store 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:
(a) 
Side yard (each): 50 feet.
(b) 
Front yard: 50 feet.
(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:
(1) 
Minimum lot size: 10,000 square feet.
(2) 
One off-street parking space per staff member.
(3) 
Compliance with all state requirements for nursery schools.
(4) 
No adverse effect upon surrounding properties.
C. 
Renewable and/or sustainable energy systems primarily using solar panel. That use shall meet the following requirements:
[Added 8-16-2011 by Ord. No. 2011-11]
(1) 
The conditions set forth in § 389-25D.
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:
(a) 
A public or private school;
(b) 
A public or private school playground;
(c) 
A church;
(d) 
A public playground or athletic field;
(e) 
A fire station;
(f) 
A residential zone.
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.