25-208 CONDITIONAL USES.

25-208.1 Guiding Principles and General Provisions.

Recognizing that certain uses, activities and structures are necessary to serve the needs and to provide for the convenience of the citizens of the City and at the same time, appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the Municipal Agency with a guide for reviewing applications for conditional uses as provided for by this Ordinance. As a result of the review procedure, the applicant may be required to meet additional standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the Municipal Agency shall be guided by the following standards and principles:

a. The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.

b. The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and that reasonable consideration is afforded to the following:

1. The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.

2. The potential effect that the proposed use(s) and/or structure(s) will have upon property values.

3. The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.

4. The need for such facility or use(s) to serve the area in which it is to be located.

5. The adequacy of proposed drainage facilities which will serve the use(s) and/or the structure(s).

6. The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.

7. The adequacy of proposed outdoor lighting.

8. Compliance with the standards, principles and objectives of the Master Plan.

9. Compliance with the design standards, general provisions, submission requirements and other appropriate provisions of this Ordinance.

c. All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this Ordinance.

d. Conditional uses shall adhere to the additional standards specified for the particular use under this Section except where no additional standards are specified herein.

e. No use specified within this Section shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations. (Ord. #94-16, Appx. A; Ord. #02-19)

25-208.2 Conditional Uses.

25-208.2.1 Educational Uses.

Educational uses, including public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the State may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

a. Convents, social halls and similar uses which are accessory to the educational use shall be permitted.

b. Nursery schools with an attendance of more than twenty-five (25) children shall be considered educational uses and shall be subject to the provisions of this section.

c. Nursery schools serving more than twenty-five (25) children shall contain a minimum lot area of ten thousand (10,000) square feet plus five thousand (5,000) square feet for each twenty-five (25) children or fraction thereof.

d. Educational uses other than nursery schools whose maximum enrollment is three hundred (300) students or less shall have a minimum lot area of five (5) acres.

e. Educational uses other than nursery schools whose maximum enrollment exceeds three hundred (300) students shall adhere to the following:

1. Elementary schools shall have a minimum lot area of five (5) acres plus one acre for each twenty-five (25) students in excess of three hundred (300) students.



2. Secondary schools shall have a minimum lot area of five (5) acres plus one acre for each twenty-five (25) students or fraction thereof.

f. Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of Section 25-300.13 of this Ordinance and/or shall provide fencing along such property lines as may be deemed adequate by the Municipal Agency.

g. Permitted Signs. One (1) freestanding sign not larger than ten (10) square feet in area and not exceeding eight feet (8') in height. In addition, facade signs occupying an area no greater than five percent (5%) of the front facade.

h. Lot coverage shall not exceed forty percent (40%).

i. Maximum impervious surface coverage shall not exceed seventy-five percent (75%). (Ord. #02-19)

25-208.2.2 Places of Worship.

Places of worship, may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

a. The minimum lot area shall be twenty thousand (20,000) square feet.

b. The minimum lot width shall be two hundred feet (200').

c. No principal building shall be located closer than ten feet (10') to any side or rear property line.

d. No accessory building shall be located closer than four feet (4') to any side or rear residential property line.

e. Maximum Lot Coverage. Thirty-five percent (35%).

f. The height of structures to be constructed may exceed the maximum height requirements of this Ordinance, provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet (2') for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this Ordinance, and further provided that in no case shall any proposed structure exceed fifty feet (50') in height.

g. Permitted Signs:

1. One (1) freestanding sign not exceeding ten (10) square feet in area nor six feet (6') in height. Facade signage occupying no greater an area than five percent (5%) of the front facade of the building to which the sign is attached. (Ord. #02-19)



25-208.2.3 Private and Quasi-Public Recreation Areas.

Private and quasi-public recreation areas including tennis courts, swimming pools and other such activities may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

a. Swimming pools shall be subject to the provisions of the N.J. Uniform Construction Code.

b. Minimum Lot Area: Twenty thousand (20,000) square feet.

c. Maximum Lot Cover by Buildings and Structures (including swimming pools): Seventy-five percent (75%) of the lot area.

d. Minimum Unoccupied Open Space: Twenty-five percent (25%).

e. No building, structure, recreation area or parking area shall be located closer than ten feet (10') to a residential property line.

f. The use shall be screened from adjacent residential zones or adjacent existing residences in accordance with the provisions of Section 25-300.13 of this Ordinance and/or shall provide decorative fencing in addition to that required under the Uniform Construction Code as may be deemed adequate by the Municipal Agency.

g. Off-street parking requirements shall be determined by the Planning Board, except that where swimming pools are provided, the off-street parking requirements shall be not less than the requirements under Section 25-300.13 plus such additional parking as may be deemed necessary by the Municipal Agency.

h. Permitted Signs: One (1) freestanding sign not exceeding twenty (20) square feet in area nor eight feet (8') height. (Ord. #02-19)

25-208.2.4 Public Utilities and Structures.

Public utilities uses, such as water towers, pumping stations, electric substations, transmission lines, switching stations, and radio and other transmission towers which must be provided above ground, may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

a. A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.



b. The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

c. Adequate and attractive fences and other safety devices will be provided.

d. Sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.

e. The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area. (Ord. #02-19)

25-209 SCHEDULES.

(Following)

25-209.1 Schedule A

SCHEDULE OF ZONING DISTRICT REGULATIONS