Recognizing the necessity for certain specific uses, while at the same time appreciating the fact that they may be, or may become, inimical to the public health, safety and general welfare of the community if improperly designed or located without due consideration to the existing conditions and surroundings, the standards and procedures in this section are hereby established.

A conditional use is a permitted use, not as a matter of right, but rather at the discretion of the Planning Board based upon satisfactory compliance with articulated criteria and standards as specified herein.

These standards are intended to provide the Planning Board with a guide for the purpose of reviewing applications for conditional uses as provided for by this chapter. In reviewing an application, the Planning Board may act on site plans submitted to it or may suggest modifications and changes. In approving an application, the Planning Board may require, in addition to features specified, such other features or design, in keeping with the intent thereof, that will further the purpose of these standards and regulations. Such features shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval.

Notwithstanding compliance with specific conditional use standards hereinafter set forth, no conditional use will be permitted if the use at the proposed location would be detrimental to the health, safety and general welfare of the community.

Such use fronts upon a street classified in the Borough's Master Plan as other than a local street as defined in Chapter 210, Subdivision and Site Plan Approval.

Such building shall be not less than 150 feet from any other dwelling, house or structure used for housing of human beings or from a church, library, school or other public building.

The applicant shall comply with all state requirements for such use.

Such building shall be set back at least 40 feet from the street and rear lot lines and at least 20 feet from side lot lines.

Off-street parking shall be provided for at least one space for each three beds, plus one space for each staff member and employee, based upon the maximum number estimated to be on duty at any one time. Such off-street parking area shall be suitably screened from adjoining residential lots by appropriate landscaping and/or fencing.

Areas for outdoor recreation of a size and location sufficient to properly serve the needs of the occupants are provided.

It is ascertained by the Planning Board that the use will meet a community need without adversely affecting the character of the neighborhood.

Ingress and egress to the facility is such that the safety of the children is protected to the satisfaction of the Planning Board.

The building is appropriately designed and provides adequate fenced yard space.

There are no home professional or home occupation uses carried on in the building.

The nursery school shall be licensed by the State of New Jersey Board of Education.

It is ascertained by the Planning Board that the use will meet a community need without adversely affecting the character of the neighborhood.

Such use shall not have an entrance or exit on the same side of the street and within 200 feet of an entrance or exit to a public or private school, public library, theater, church, public park or playground, orphanage or children's home, nursery school or fire station, nor within 50 feet of a residential district, except where and when the property is in another block or on another street which the lot in question does not abut. Such distance is to be measured along a straight line between the properties involved.

A description of the nature and extent of the proposed use shall be provided to the Planning Board.

No gasoline pumps shall be placed within 20 feet of any street or lot line.

There shall be no more than two access driveways along any one street. The minimum distance between driveways on the site shall be 15 feet, and access driveways shall be at least 10 feet from the nearest lot line and at least 20 feet from the nearest street line.

No part of any garage shall be nearer than 25 feet to any street line or 15 feet to any lot line.

No commercial repair work, except minor repair work, shall be conducted outdoors on the property.

Such use shall be adequately buffered and screened from any adjacent residential use as determined by the Planning Board.

The use of strings on pennants, flags or similar decorations, such as whirling displays, are expressly prohibited, but shall be allowed for a period of one week to mark a grand opening.

No more than three vehicles, excluding those owned or leased by the proprietor(s) per service bay shall be stored outside overnight on the premises.

Such use, when taken in conjunction with other existing land uses, will not generate traffic that would result in an undue burden upon the available access streets, resulting in a traffic hazard, congestion or excessive interference with normal traffic movement on adjacent streets.

A statement setting forth full particulars of the operation of the use and the total number of proposed charter members (for membership clubs) shall be filed with the Planning Board.

It is ascertained by the Planning Board that the proposed use is a bona fide nonprofit organization operated solely for the recreation and enjoyment of the members of said organization, or for civic, humanitarian or charitable purposes.

It is ascertained by the Planning Board that the proposed use in the proposed location shall in no way adversely affect the safe and comfortable enjoyment of property rights in the area in which it is located or otherwise adversely affect the value of adjacent properties.

That the design of any structures erected in connection with such use are in keeping with the general character of the area and that sufficient landscaping, including trees, shrubs and lawns, are provided to serve as a buffer between said use and adjoining residential properties.

The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate to the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless supplemental approval is granted by the Planning Board.

Off-street parking shall be provided for at least the minimum number of cars required by § 250-20. Such off-street parking area shall be suitably screened from adjoining residential lots by appropriated landscaping and/or fencing.

Such occupation shall be conducted solely by members of the resident family.

Such use shall occupy an area equivalent to not over 25% of the floor area of one story.

There shall be no conspicuous display of goods or advertising to be seen from outside the premises.

Such use shall in no way be objectionable or detrimental to the well-being or to the harmonious character of the neighborhood.

The lot meets the minimum requirements of this chapter with respect to lot area and lot width.

No structural alterations to accommodate the use of the dwelling for office use are required.

Such use shall occupy an area equivalent to not over 50% of the floor area of one story.

Such use shall not involve the sale of any goods, products or merchandise.

The dwelling unit proposed to house such use is a single-family unit.

Sufficient off-street parking space, as determined by the Planning Board on a case-by-case basis, is provided in the rear or side yards, such parking area to be suitably shielded from adjacent properties by means of appropriate landscaping and/or fencing.

No structure for this purpose shall be closer than 15 feet to any front lot line or 10 feet to any side lot line.

No such sign shall be within 50 feet of a residential district.

No billboard or outdoor advertising sign shall have less than four feet of clear space between it and the ground, or shall at any point be higher than 16 feet above ground level.

No billboard or outdoor advertising sign shall have a horizontal dimension of more than 13 feet.

All rubbish and vegetation more than six inches high shall be kept constantly removed from a space at least five feet in all directions around such billboards or signboards.

The lot in question has less than the required minimum lot area for development in the RD Zone.

The maximum number of units permitted in the building shall be calculated based upon a gross density of 20 dwelling units per acre. Fractional units shall be rounded back to the last whole unit.

A parcel of land large enough to accommodate 12 or more units shall comply with the requirement that a minimum of 15% of the site be allocated and developed for usable recreation space or spaces. No such space shall be less than 2,500 square feet in size or less than 75 feet wide.

Garage facilities or off-street parking areas shall be provided on the lot sufficient to provide storage or parking for a number of automobiles equal to no less than twice the number of family dwelling units. Off-street parking areas shall be adequately buffered and screened as determined by the Planning Board.

The facilities are affixed to the main roof of a building.

The building is one with more than five stories.

The facilities shall not exceed a height of 10 feet above the main roof of the building.

The area of any equipment shed shall be limited to greater than 200 square feet.

All wireless communications facilities shall be set back on the roof a distance of least 10 feet from the edge of the roof or outer edge of the parapet.