Bound Brook City Zoning Code
21-10.3 Conditional
use.
[Ord. No. 04-12 § 21-10.3]
Pursuant to P.L. 1975, Chapter 291, the Planning Board may grant conditional uses as herein permitted. Application for a conditional use shall be made in accordance with procedures set forth in § 21-9 and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and the general welfare of the Borough, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located. Said conditional use requirements shall be as follows:
a.
Public garages and gasoline service stations.
1.
Distance from public assembly. The nearest lot line of the lot or parcel of land to be used as a public garage or gasoline service station shall be at least 300 feet, measured in a straight line, from the nearest lot line of any lot upon which is located any building used as a theater, auditorium or other place of public assembly, capable of seating over 100 persons, or used as a church, hospital for humans, college, school, public library or institution for dependents or children, or any public playground or athletic field.
2.
Mixed use. No part of any public garage or gasoline service station, wherever located, shall be used for any other purpose.
3.
Distance from other public garage. No part of any public garage or gasoline service station, nor any driveway entrance or exit to or for the same, shall be located within 300 feet of any lot line of any lot upon which is located any other public garage or gasoline service station.
4.
Minimum lot area and frontage. The minimum lot size for any lot upon which any public garage or gasoline service station is located shall be 10,000 square feet and the minimum street frontage of the lot shall be 100 feet. If a public garage or gasoline service station is located on a corner lot, the minimum street frontage on each street shall be 100 feet.
5.
Entrance and exit driveways. Entrance and exit driveways to and from any lot upon which is located a public garage or gasoline service station shall have an unrestricted width of not less than 16 feet nor more than 24 feet, shall be located not nearer than 10 feet from any lot line and shall be so laid out as to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street, highway, right-of-way or portion thereof.
6.
Paving requirements. The area of all driveways and other areas over which motor vehicles are intended to be driven or parked on any lot upon which is located a public garage or gasoline service station shall be paved with a bituminous or concrete surface sufficient to meet Borough pavement specifications applicable to streets and roadways.
7.
Outdoor repair prohibited. On any premises upon which a public garage or gasoline service station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline and oil, shall be conducted within the confines of a building capable of being wholly enclosed. Repairs may be conducted within the rear yard area and only within daylight hours and with the approval of the Planning Board. Any vehicles stored outside overnight shall be so stored as to meet the provisions of Subsection 21-10.2k.
8.
Setback restrictions. No part of any building used as a public garage or gasoline service station and no filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within 10 feet of any side or rear lot line and the ten-foot free area required hereunder shall at all times be kept free, open and unobstructed for the purpose of ready access by emergency fire and police vehicles.
9.
Storage of flammable materials. At any public garage or gasoline service station, storage facilities for gasoline, oil or other flammable materials in bulk over 75 gallons shall be located wholly underground and no nearer than 35 feet from any lot line other than any street right-of-way line. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be within 10 feet of any street right-of-way line and no gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
10.
Expansion of existing public garages or gasoline service stations. No permit for the alteration or expansion of any existing public garage or service station shall be issued except upon compliance by the applicant with all the provisions of this subsection.
11.
Minimum buffer area abutting a residential zone: 20 feet.
b.
Houses of worship. Churches may be permitted, based upon the following conditions:
1.
Minimum lot areas shall be twice the minimum area permitted in the zone district in which the property lines, or 15,000 square feet, whichever is greater.
2.
Minimum frontage shall be 100 feet.
3.
Minimum front yard setback: 40 feet.
4.
Minimum side yard setback: two times the minimum side yard requirement.
5.
Minimum rear yard setback: two times the minimum side yard requirement of the zone, except that when the rear yard abuts a residential zone, the side yard shall be a minimum of 40 feet.
6.
Maximum percent of impervious coverage: 65%.
7.
Maximum building height: 35 feet, except that spires may be 45 feet.
8.
Minimum buffer area abutting a residential zone: 20 feet.
9.
Minimum number of parking stalls: one space for each 72 inches of seating or one space for each three seats.
c.
Home occupations may be permitted based upon the following conditions:
1.
Home occupations shall submit an application to the reviewing Board for site plan approval.
2.
No more than two employees other than the owner/occupant may work on the premises.
3.
Not more than 25% of the total floor area of such dwelling or 400 square feet, whichever is lesser, shall be devoted to such employment or occupation.
4.
There shall be no display of goods offered for sale in conjunction with such employment or occupation which is visible from any street or adjoining lot. There shall be no motor vehicles or equipment or other items used in connection with or upon which any service is performed in connection with such employment or occupation stored or kept in any location on the lot, except in an enclosed building.
5.
No equipment or process shall be used in such employment or occupation which shall create noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, and, in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot.
6.
Residential character of the building, property or neighborhood shall not be changed. There shall be no identification sign or other outside alteration.
7.
The use does not alter the parking required or need for additional parking on the residential premises and does not require any off-site parking.
8.
The operator of the occupational enterprise must reside in the premises.