Bergenfield City Zoning Code
ARTICLE VIII
Conditional Uses
§ 186-64 Conditional uses.
Conditional uses, as enumerated in Schedule A[1] shall be permitted only upon authorization of the appropriate authority and in conformity with the following:
A.
Such uses shall comply with the requirements of this chapter and other borough, state, county and federal regulations.
B.
That the use is so designed, located and proposed to be operated that the public health, safety and general welfare will be protected.
C.
That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
D.
That the use will be compatible with adjoining development and the proposed character of the zone district where it is to be located.
E.
That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
F.
That the use conforms with all applicable regulations governing the district where located.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
§ 186-65 Outdoor storage areas.
Such uses where permitted shall not abut existing residential development, a residential street or any R District and the operation thereof shall be governed by the following provisions:
A.
Inflammable and explosive liquids. There shall be no flammable or explosive liquids, solids or gases stored or retained on the site, except for heating of the premises.
B.
Fencing and setback. All outdoor storage facilities shall be enclosed by a fence or wall or shrubs adequate to conceal such facilities and the contents thereof from adjacent property and subject to the provisions of § 186-44, Buffer strip requirements, § 186-46, General landscaping requirements, and § 186-45, Fences.
C.
Deposit of wastes. Material or waste which might cause fumes or dust or which might constitute a fire hazard or which might attract animals or insects shall be stored only in closed containers.
§ 186-66 Essential services in enclosed or permanent structures.
A.
Public utility services. Such uses shall include electric substations, transformers, switches, and auxiliary apparatus serving a distribution area, and water pumping stations and shall be subject to the following regulations:
(1)
Such facility shall not be located on a residential street (unless no other site is available) and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
(2)
The location, design and operation of such facility may not adversely affect the character of the surrounding residential area.
§ 186-67 Open essential services.
Open essential services are permitted conditional uses. Landscaping, buffer strip and fencing requirements established in this chapter shall be adhered to.
§ 186-68 Gasoline stations.
Gasoline stations are defined, for purposes of this article, as any retail facility dispensing or selling fuel for the operation of motor vehicles.
A.
Location of exits and entrances. No gas station, or vehicular repair service shop shall be located within 300 feet of the following uses when located along the same street or the same block: schools, playgrounds, churches, hospitals, libraries, institutions for dependent children, or other similar places of public assembly.
B.
Vehicular access to the above uses shall not be closer to the intersection of any two street lot lines than 50 feet, nor shall any such use be located within 25 feet of any boundary line of any R District.
C.
Location of appliances or lifts. Service stations shall not be permitted where any gasoline or oil pump or visible appliance for any such purpose is located within 30 feet of any street lot line, except where such appliance or lift is within a building.
E.
Location of other gasoline stations. No gas station or vehicular repair service shop shall be located within 200 feet of another gas station or vehicular repair service shop along the same side of the street or on the same block.
F.
Fuel tanks. All fuel tanks or other such containers for the storage of flammable materials, either liquid or solid, shall be installed underground in compliance with applicable code regulations, at sufficient depth to insure against hazard of fires or explosion.
G.
Accessory goods for sale shall be limited to facilities related to automotive sales and services and may be displayed outdoors only on the pump island and shall be stored in a suitable rack or container.
H.
New motor vehicle service stations dispensing fuel are not permitted on North and South Washington Avenue.
§ 186-69 Restaurants.
[Amended 5-21-1996 by Ord. No. 2195; 12-29-2005 by Ord. No. 05-2365]
Any restaurant which has a drive-through facility shall have a minimum uninterrupted frontage on one public street of 200 feet.
§ 186-70 Animal clinics and kennels.
Animal clinics and kennels shall be located no closer than 200 feet to any residential zone line. Such facilities shall be maintained in an enclosed structure and shall be of soundproof construction and so operated as to produce no objectionable odors at the zone lot boundary line. Open kennels, exercise pens and runways shall not be located closer than 400 feet from any zone yard line and shall be subject to noise and odor controls established for an enclosed building. In addition, the operator of such facility shall enclose any open kennels, exercise pens or runways with a fence so as to insure against the escape of any animal. The fence shall be constructed in compliance with this chapter.
§ 186-71 Automobile sales, service and leasing.
A.
New car sales, service and leasing establishments shall be permitted provided the principal activities are contained within an enclosed building. Any outdoor storage of new vehicles or resale of automobiles, termed "used cars" shall be fully screened and landscaped along all property lines in accordance with §§ 186-44, 186-45 and 186-46.
B.
The sale of used cars shall be prohibited on any parcel of land except in conjunction with new car sales on the same site. The use of property for automobile wrecking, disassembly or so-called "junkyards" is likewise prohibited.
§ 186-72 Automobile service and repair establishments.
All automobile service and repair establishments shall be permitted, provided that the principal activities are contained within an enclosed building. The outdoor storage of any materials shall be fully screened and landscaped along all property lines in accordance with §§ 186-44, 186-45 and 186-46.
§ 186-73 Hospitals and nursing homes.
Hospitals and nursing homes shall be subject to the following:
§ 186-74 Private schools.
Private schools, including institutions of higher learning, which are not conducted as a business, shall be subject to the following:
A.
A minimum site area of five acres is provided. In addition thereto, one acre shall be provided for each 100 pupils of maximum capacity.
B.
The lot coverage does not exceed 15%.
C.
No structure is located within 50 feet of a street or property line.
E.
Adequate and attractive fencing and landscaping will be provided and properly maintained.
§ 186-75 Clubhouse.
Clubhouses shall be subject to the following:
C.
Driveways shall be limited to not more than two for each 100 required parking spaces. Such driveways shall not be less than 12 nor more than 24 feet in width and shall intersect public streets at right angles, wherever possible.
D.
The design of any building or structure shall conform to the general character of the area in which it is located.
E.
Adequate and attractive landscaping will be provided and properly maintained.
G.
The following side and rear yard areas shall be provided as a minimum:
§ 186-76 Hotels and motels.
Hotels and motels shall be subject to the following:
A.
A minimum area of one acre shall be provided.
B.
A permit for the use shall be obtained from the Board of Health of the Borough of Bergenfield.
C.
The design of any building or structure shall conform to the general character of the area in which it is located.
D.
Adequate and attractive landscaping shall be provided and properly maintained.
§ 186-77 Swimming clubs.
Swimming clubs and similar recreation facilities for large groups, shall be subject to the following:
A.
The lot area for the proposed use shall have a minimum area of three acres and sufficient frontage to provide proper access.
B.
Buildings and pool shall not exceed 20% of lot coverage.
C.
No building or active recreation facility area shall be located within 50 feet of a property line or lot line.
D.
The maximum membership limit of the organization or "full capacity" of the facility, as appropriate, shall be fixed at the time of application and shall be commensurate with the scale of facilities and the amount of land to be used. No further expansion of membership or capacity shall be permitted without supplemental application to the appropriate Board. The design density shall not exceed 75 family memberships per acre.
E.
Off-street parking facilities, buffer strips and signs shall conform to the provisions of §§ 186- 44, 186-48 and 186-49.
§ 186-78 Veterinarians.
Veterinarians shall be subject to the following:
A.
All activities must be contained within an enclosed building.
B.
A permit for the use shall be obtained from the Board of Health of the Borough of Bergenfield.
C.
Off-street parking facilities, buffer strips and all signs shall conform to the provisions of §§ 186- 44, 186-48 and 186-49 of this chapter.
D.
All other requirements of the zone in which the use is located, not specifically covered in this section, shall apply.
§ 186-79 Nursery school.
Nursery schools shall be subject to the following:
A.
An area of at least 10,000 square feet shall be provided.
B.
In addition to the requirements of § 186-49, at least one off-street parking space shall be provided for each employee.
C.
Appropriate indoor and outdoor recreational facilities for day-to-day activities must be provided entirely on the site.
[Added 12-17-1987 by Ord. No. 2038]
§ 186-80 Coin-operated laundry and dry-cleaning establishments.
Coin-operated laundry and dry-cleaning establishments shall be subject to the following: An attendant is required to be on the premises when the store in open.
§ 186-81 Taxi parking.
§ 186-82 Grant or denial of conditional use applications.
A.
The Planning Board shall grant or deny an application for one of the conditional uses as above described within 95 days of a completed application therefor by a developer to the Borough Clerk or within such further time as may be consented to by the applicant.
B.
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Article IX of this chapter. The time for action by the Planning Board on a conditional use application is a total of 95 days from the date of the filing of the applications. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Borough Clerk as to the failure of the Planning Board to act shall be issued at the request of the applicant and it shall be sufficient in lieu of written evidence or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
C.
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6) in the case of a site plan, the Borough Planning Board shall condition any approval that it grants upon receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
§ 186-83 Nonconforming uses.
A.
Continuance. Except as otherwise provided in this chapter, the use of land or buildings lawfully existing at the date of the adoption of this chapter may be continued, although such use of building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however;
B.
Abandonment.
(1)
It shall be presumed that the owner or tenant of a nonconforming use has intended to abandon the same when there occurs a cessation of any use or activity by an apparent act, or failure to act, on the part of the tenant or owner, to reinstate such use within a period of one year from the date of such destruction.
(2)
In the event of a partial destruction of a building devoted to a nonconforming use, the owner or occupant shall, within 90 days after such event, give notice in writing to the Construction Official of his intention to restore or repair the structure and, within 90 days after date of notice, commence and diligently proceed to the completion of the work.
(3)
In the event a building on a nonconforming lot is totally destroyed as defined in this section, the owner may build a substantially similar residence on such lot providing construction commences within one year from date of destruction.
(4)
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Building Inspector.
C.
Reversion.
(1)
No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.
(2)
A nonconforming building may be altered, but not enlarged or extended, unless said building is changed to a building conforming or more nearly conforming to the requirements of this chapter.
(3)
Nothing contained in this chapter shall prohibit the modernization of existing nonconforming structures; provided, however, that such modernization does not entail any extension, enlargement, addition or change of the nonconforming use.
(4)
If two or more lots or combinations of lots and portions of lots, developed or undeveloped, with continuous frontage or contiguous rear yards in single ownership were of record on January 1, 1954, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot containing width or area below the requirements stated in this chapter.
§ 186-84 Temporary use permits.
A.
It is recognized that it may be in the interests of the Borough and in accordance with the purpose of this chapter to permit certain temporary activities for a limited period of time, which activities may not be permitted by other provisions of this chapter.
B.
Upon proper application and favorable findings by the Construction Official, he may issue a temporary use permit, if said use is of such a nature and is so located that at the time of application it will in no way exert a detrimental effect upon the lawful use of land and activities normally permitted in the zone in question, and will contribute materially to the welfare and well-being of the Borough.
C.
Temporary uses may be permitted only as follows:
(1)
In all zones: a temporary field office, building or yard for construction materials and equipment, when incidental and necessary to actual construction on the premises; such permit to be valid for a period not exceeding six months. Such permit may be renewed upon reapplication for additional six-month periods, not to exceed a total of four consecutive periods at one location.
(2)
In residential zones: a temporary trailer may be used as a dwelling unit while a residence is being repaired in the aftermath of fire or other emergency. A permit is required which will be valid for 60 days. The permit may be renewed for additional sixty-day periods at the discretion of the Construction Official.
(3)
In business and industrial zones: open-air sale at retail, provided that no permit shall be effective prior to the 15th day of November in each calendar year for the sale of Christmas trees and greens, and no permit shall be valid for a period exceeding 45 days.
(4)
Upon termination of a permit for temporary use, such use shall immediately be terminated, and any permitted structure erected in connection therewith shall be removed immediately.
(5)
In residential zones: garage and similar type retail sales for a period not to exceed two days, provided that there shall not be conducted on any property more than two sales in one year.
(6)
The fee for each temporary use permit shall be $5.
§ 186-85 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the achievement of the objectives and purposes enumerated in § 186-2. It is not intended by this chapter to repeal, abrogate, annul, or in any way to impair or interfere with covenants, easements or restrictions between persons. Any existing deed restrictions or contracts which prescribe within any district a building setback, yard or open space greater than specified herein shall remain in full force and effect.