Barnegat City Zoning Code
ARTICLE VIII
CONDITIONAL USES
§ 55-200 GUIDING PRINCIPLES.
[Added 2-16-88 by Ord. No. 1988-5]
Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Township of Barnegat and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses. In addition to other powers conferred by this section and applicable statutes, the Reviewing Board shall have original jurisdiction pursuant to the procedural requirements established in Article IV of this chapter to grant a permit for a conditional use under the terms and conditions established by this section, and under the following stipulations and guiding principles.
§ 55-200.1 Specifically Authorized.
[Added 2-16-88 by Ord. No. 1988-5]
The use for which application is being made is specifically authorized as a conditional use in Article II of this chapter for the zone in which located.
§ 55-200.2 Design Standard.
[Added 2-16-88 by Ord. No. 1988-5]
The design, arrangement and nature of the particular 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.
B.
Conservation of property values.
C.
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
D.
Potential congestion of vehicular traffic or creation of undue hazard.
E.
Principles and objectives of this section and planned development of the Township of Barnegat.
§ 55-200.3 Minimum Standards Established.
[Amended 2-16-88 by Ord. No. 1988-5]
In addition, such conditional uses shall adhere to the minimum standards specified for the particular use in this section and to such additional conditions and safeguards as in the opinion of the Reviewing Board will implement the intent and objectives of this section and ordinance. In addition, in reviewing any application for a conditional use, the Reviewing Board shall apply the applicable standards set forth in Article VII of this chapter.
§ 55-201 BURDEN OF PROOF; TIME LIMIT.
[Amended 2-16-88 by Ord. No. 1988-5]
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the Board. In the granting of conditional uses, a time limit of one (1) year from the date of the approval shall be set, within which time the owner shall secure a building permit; otherwise, the variance granted shall be null and void.
§ 55-202 PUBLIC HEARING; NOTICE.
[Amended 2-16-88 by Ord. No. 1988-5]
All applications shall require a public hearing with notice to property owners within two hundred (200) feet pursuant to Article XII of this chapter.