Recognizing that certain uses, activities and structures are necessary to serve the needs and to provide for the convenience of the citizens of the borough and, at the same time, appreciating that fact that they or any one (1) 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 chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the municipal agency during site plan review which are in keeping with and will further the intent of these 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 chapter.
C. All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this chapter.
D. Conditional uses shall adhere to the additional standards specified for the particular use under this Article, except where no additional standards are specified herein.
E. No use specified within this Article shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.
Cemeteries 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. As used in this section. the following terms shall have the meanings indicated:
BUFFER ZONE - A continuous strip of land required for the purpose of providing physical, audible and visible separation through the use of trees and/or other natural foliage.
HOURS OF OPERATION - Those hours during which normal cemetery activity, including digging and filling of graves, burial services, visitation, maintenance and repair of grounds and deliveries, are conducted on the cemetery premises.
MONUMENT - A tablet, a statue or other maker of stone, metal or another durable substance set up over or adjacent to a grave to commemorate the person interred therein.
B. Permitted activities, structures and buildings:
(1) Interment of the dead and related activities associated therewith.
(2) Erection of tombstones and monuments.
C. Building and construction regulations:
(1) The height of every other building, monument or other structure shall be constructed in accordance with the existing requirements of federal, state and local statutes, rules, regulations and ordinances.
(2) All excavations shall be made in accordance with the regulations issued and promulgated by the Occupational Safety and Health Review Commission and all other applicable federal, state and local statutes, rules, regulations and ordinances.
D. Buffer zone. Every cemetery created subsequent to the adoption date of this chapter shall be required to provide a buffer zone at least fifty (50) feet wide around its entire perimeter along common boundaries with any abutting residential zones. No interments shall be permitted within the buffer zone.
Community residences for the developmentally disabled or shelters for victims of domestic violence housing more than six (6) but less than sixteen (16) persons, excluding resident staff, may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:
A. A statement setting forth the full particulars on the building and/or use as submitted.
B. Minimum lot area: four thousand (4,000) square feet for each person, resident staff member or employee housed at the residence or shelter, but not less than the minimum lot area required for single-family homes in the zone.
C. Minimum gross habitable floor area: two hundred forty (240) square feet for each person or resident staff member housed at the residence or shelter.
D. No conditional use permit shall be granted if the number of persons, other than the resident staff, residents and such community residences or shelters, exceeds five-tenths percent (0.5%) of the population of the borough.
E. No community residence for the developmentally disabled or shelter for victims of domestic violence shall be located upon a lot containing any other use. nor shall any structure or facility on the site be utilized to provide services for any person not residing on- the site.
F. No community residence for the developmentally disabled or shelter for victims of domestic violence shall be in excess of two (2) stories in height, exclusive of basement areas. Basement areas shall not be utilized for living, sleeping or recreation areas.
G. Each community residence for the developmentally disabled or shelter for victims of domestic violence shall submit proof of licensing by the Department of Human Services of the State of New Jersey.
H. No community residence for the developmentally disabled or shelter for victims of domestic violence shall be located within one thousand five hundred (1,500) feet of any other community residence for the developmentally disabled or any shelter for victims of domestic violence.
I. No community residence for the developmentally disabled shall be located on a minor arterial or principal arterial highway.
J. No community residence for the developmentally disabled shall be located in any area of heavy vehicular or pedestrian traffic congestion or in any area where, by reason of any condition existing in proximity to the proposed community residence for developmentally disabled, the occupants of said community residence for developmentally disabled would be exposed to undue harm, danger or discomfort.
K. Each community residence for the developmentally disabled or shelter for victims of domestic violence shall provide one (1) off-street parking space for each resident staff member, plus one (1) off-street parking space for each employee on the shift employing the largest number of persons, plus one (1) off-street parking space for each three (3) developmentally disabled persons or victims of domestic violence residing on the site. or fraction thereof. The required off-street parking shall be subject to the provisions of § 94-8.26 of this chapter and shall be screened from adjacent residentially zoned properties in accordance with the provisions of § 94-8.6B of this chapter.
L. No building utilized for a community residence for the developmentally disabled or shelter for victims of domestic violence shall be constructed or altered so as to be inharmonious with the residential character or adjacent structures and residential zones.
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 three (3) acres, plus one (1) acre 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 (1) acre for each twenty-five (25) students in excess of three hundred (300) students.
F. Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of § 94-8.6B of this chapter and/or shall provide fencing along such property lines as may be deemed adequate by the municipal agency. [Amended 12-13-1993 by Ord. No. 670]
G. Permitted signs: one (1) freestanding sign not larger than ten (10) square feet in area and not exceeding eight
(8) feet in height. In addition, facade signage occupying an area no greater than five percent (5%) of the front facade.
[Added 12-13-1993 by Ord. No. 670; amended 10-17-1994 by Ord. No. 700]
A. Child-care centers for infants and children shall be permitted as conditional uses in all nonresidential zone districts. The floor area to be occupied in any building by a child-care center shall be excluded in calculating the parking requirement and the permitted density or intensity for that building or structure.
B. Child-care centers for infants and children shall be permitted only upon receipt of a conditional use permit and provided that the following standards are met to ensure that the health, safety and welfare of the children are protected and maintained:
(1) Child-care centers shall be licensed by the New Jersey Department of Human Services in accordance with N.J.S.A. 30:5B-1 to 30:5B-15.
(2) Child-care centers shall not be located near or adjacent to areas or uses determined to be hazardous to the physical health and safety of the children as required by N.J.A.C. 10: 122-2.3.
(3) All child-care facilities shall provide a drop-off area for two (2) cars with a staging area sufficient to accommodate one (1) waiting car for each seven hundred (700) square feet of gross floor area or for every ten (10) children, whichever is greater. This loading and staging area shall be contiguous to the property on which the child-care center is located and shall not be separated from the access to the building by any vehicular passageway but shall permit the safe and efficient access of children directly to the child-care center.
(4) All parking areas, pedestrian walkways and other exterior portions of the premises subject to use by center occupants after dusk shall be illuminated to provide safe entrance to and from the center.
(5) All child-care facilities shall provide an on-site contiguous play area which can be accessed from the interior of the child-care center without crossing any vehicular passageway. Play areas shall occupy a minimum of one hundred fifty (150) square feet of net outdoor space. Where more than five (5) children are using the space at one (1) time, there shall be thirty (30) square feet of net outdoor space for each additional child in addition to the minimum requirement of one hundred fifty (150) square feet. This requirement for outdoor play areas shall not be applicable where the state shall first have granted a waiver of the requirement prior to obtaining the conditional use approval.
(6) All outdoor recreation areas shall be fully enclosed by a substantial fence or wall having a height of not less than six (6) feet with no openings greater than two (2) inches square and erected in a manner as to permit the flow of natural drainage. All outdoor recreation areas shall be landscaped and visually screened from adjoining residential properties in accordance with the provisions of § 94-8.6B of this chapter. When adjacent to residential properties, usage of play areas shall be limited to between the hours of 9:00 a.m. and 5:00 p.m. Play areas shall not be located adjacent to uses which may prove detrimental to the children and shall not be in areas where concentrations of carbon monoxide equal or exceed ten (10) mg/m3.
(7) No play area shall be located nearer than fifty (50) feet to any adjoining residential property or zone.
Places of worship, as defined in Article II of this chapter, 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 three (3) acres.
B. The minimum lot width shall be three hundred (300) feet.
C. No principal building shall be located closer than fifty (50) feet to any side or rear property line.
D. No accessory building shall be located closer than thirty (30) feet to any side or rear residential property line.
F. The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by two
(2) feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed fifty (50) feet in height.
G. Permitted signs shall be as follows:
(1) One (1) freestanding sign not exceeding ten (10) square feet in area nor six (6) feet in height.
(2) Facade signage occupying no greater an area than five percent (5%) of the front facade of the building to which the sign is attached.
Professional office buildings 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 occupancy of the proposed professional office building shall be limited to members of a recognized profession, such as doctors, dentists, ministers, architects, engineers, lawyers, real estate brokers, accountants or such other similar professional occupants which may be so designated by the Board.
B. The proposed structure shall be compatible with the established character of development in the surrounding areas.
C. The lot on which the use is proposed shall be not less than fifteen thousand (15,000) square feet.
D. The lot shall have a minimum frontage of one hundred (100) feet.
E. Required yard areas:
(1) Front and rear yard setbacks: forty (40) feet.
F. The maximum building coverage of the lot shall not exceed twenty-five percent (25%).
G. The maximum building height shall not exceed two and one-half (21/2) stories.
H. The minimum gross floor area shall be one thousand (1,000) square feet.
I. Permitted signs:
(1) One (1) freestanding sign which shall not exceed in area four (4) square feet, plus one (1) square foot for each professional occupant, but in no case shall any sign exceed ten (10) square feet.
(2) One (1) facade sign located on the front facade of the building not exceeding five percent (5%) of the area of that facade.
Public and quasi-public recreation areas, including parks, playgrounds, 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 structure shall adhere to the minimum standards of the particular zone and the following:
A. Swimming pools shall be subject to the provisions of § 94-8.45 of this chapter.
B. Minimum lot area: five (5) acres.
C. Maximum lot coverage by buildings and structures, including swimming pools: twenty percent (20%) 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 twenty-five (25) feet 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 § 94-8.4B of this chapter and/or shall provide fencing 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 § 94-8.26, plus such additional parking as may be deemed necessary by the municipal agency.
H. Permitted signs: one (1) freestanding sign not exceeding twelve (12) square feet in area nor six (6) feet in height.
