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Cedar Grove City Zoning Code

ARTICLE VIII

Conditional Uses

§ 268-33 Procedure.

Before a construction permit or certificate of occupancy may be issued for any conditional use permitted by this chapter, application shall be made to the Board in compliance with the submission requirements of Article X for site plan review.
A. 
An application for a conditional use approval for any uses specified as such in this chapter shall be made to the Planning Board which shall grant or deny such application within 95 days of the date the application is deemed complete, or within such further time as may be consented to by the applicant. The Planning Board shall hear the application in the same manner and under the same procedure as is set forth in this chapter for site plan review.
B. 
Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement 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 N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the Planning Board shall condition any approval that it grants upon timely 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.
D. 
In approving any application for a conditional use, the Planning Board may impose any conditions that it deems necessary to accomplish the reasonable application of applicable standards as provided in this chapter and may deny any such application based on said standards.

§ 268-34 Criteria.

Pursuant to the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), the Planning Board shall have the power to grant approval of conditional use applications provided same are in full compliance with the specific conditions provided herein.

§ 268-34.1 Public utility uses.

For purposes of this chapter, the term "public utility uses" shall not differentiate between facilities which are publicly or privately owned/operated, and shall include such uses as wireless telecommunications facilities, power substations, telephone exchanges, and other utilities serving the public, such as sewage treatment plants, water storage tanks, and water treatment facilities, but shall exclude service or storage yards, dumps, and landfills. Public utility uses shall be permitted in the M-1, M-2 and GF Zoning Districts, only in accordance with the following:
A. 
A set of plans, specifications and plot plans and a statement setting forth the need and purpose of the installation shall be filed with the municipal agency by the applicant in accordance with the submission requirements of Article X for site plan review.
B. 
The applicant shall demonstrate that the proposed installation in a specific location is necessary for the provision of service by the utility to the neighborhood or service area in which the particular use is to be located.
C. 
All public utility uses shall comply with the minimum building setback requirements of the Schedule of Requirements[1] table for the zoning district in which the property is located and with the building height limitations of this chapter.
[1]
Editor's Note: The Schedule of Requirements is included at the end of this chapter.
D. 
Off-street parking shall be provided as necessary and as determined by the Board during site plan review.
E. 
Access to utility installations shall be restricted and secured to the satisfaction of the reviewing board.
F. 
Any generators, air conditioners, or similar noise-generating devices shall be located within a soundproofed structure, such that the volume of noise at the property line does not exceed ambient noise levels or 55 decibels (55 dB), whichever is the lesser.
G. 
Security lighting shall be minimized, and shall be shielded and focused downward to prevent direct light spillage or glare to neighboring properties and/or street lines.
H. 
No signs shall be permitted for commercial advertising purposes at any public utility use facility. Signs shall be limited to those providing such information as owner/operator contact addresses and telephone numbers, safety warnings, equipment specifications, and safety instructions and no such sign shall exceed two square feet in area.
I. 
Landscaping shall be provided to screen the facility from view at street level and a landscaped buffer shall be required along any property line adjacent to a residential property. The buffer shall be a minimum of 25 feet in width and shall be landscaped via massed evergreen trees and/or shrubs having a minimum height of six feet at the time of planting.
J. 
Any approval for a public utility use shall be subject to the requirements, laws, and regulations of any applicable outside government agency having jurisdiction over such use.
K. 
In the case of wireless telecommunications towers, monopoles, and antennas, the following conditions and requirements shall apply in addition to those above:
(1) 
Applicants for new telecommunications towers, monopoles, and antennas shall demonstrate to the satisfaction of the Planning Board the need for wireless telecommunications at the proposed location. The evidence presented to the Board shall describe in detail, the following:
(a) 
The wireless telecommunications network layout and its coverage area requirements.
(b) 
The need for new telecommunications facilities at the proposed location within the Township.
(2) 
No lighting is permitted on a wireless telecommunications tower or antenna and no such tower or antenna shall be permitted which would require lighting affixed thereto under Federal Aviation Administration (FAA) or other governmental agency rules or regulations.
(3) 
The color of the structure and available camouflaging options shall be approved by the reviewing board.
(4) 
In the event a communications tower, monopole, or antenna is not utilized for a continuous period of one year or more, the antenna(s) and structure shall be removed at the owner's expense.
(5) 
Wireless telecommunications facilities shall be maintained to assure continued structural integrity and visual appearance.
(6) 
Applications for antennas to be affixed to new telecommunications towers or monopoles shall not be approved unless the applicant has:
(a) 
Submitted a complete description of alternative technologies or strategies that may be available to enable provision of the proposed telecommunications services without use of new towers or monopoles, and demonstrated that such alternatives or strategies are not feasible in the specific instance or are not adequate to satisfy the identified need.
(b) 
Provided documentary evidence demonstrating that a legitimate attempt has been made, that was ultimately unsuccessful, to locate antennas on existing towers, monopoles, buildings, or other structures. Where a suitable collocation on an existing tower or monopole is found to exist but an applicant is unable to secure an agreement to locate its equipment thereon, the applicant shall provide written evidence of correspondence with the owner of the structure verifying that suitable space is not available on the tower and giving the reasons therefor.
(c) 
When an applicant to construct a new wireless telecommunications tower demonstrates to the satisfaction of the Board that the need for same exists, that alternative technologies to address that need are not practical or feasible, and that suitable locations on existing structures either do not exist, or are not available, the applicant may erect a new tower in accordance with the following requirements:
[1] 
Authorization for the construction of any new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless telecommunications service providers will be permitted to collocate antennas on the proposed tower and to collocate equipment buildings within the equipment compound, within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market value for such services. As part of any application for new tower approval, the applicant shall document the extent to which additional antennas could be mounted on the tower and the types of antennas which could be accommodated as well as the ability to accommodate the equipment building(s) for such antennas within the equipment compound.
[2] 
The maximum height of any tower or monopole, including all antennas, shall be 150 feet.
[3] 
The tower and equipment compound shall be set back from any property line a minimum of 75 feet.
[4] 
Wireless telecommunications facilities shall be surrounded by security fencing of at least seven feet in height and all towers or monopoles shall be designed with anti-climbing devices to deter unauthorized access.
(d) 
Site plan application requirements for installation of wireless telecommunications towers or monopoles shall include, in addition to the standard submission requirements, the following:
[1] 
A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to such facilities, including a description of the number and type of antennas it is designed to accommodate.
[2] 
A letter of commitment by the applicant stating the intent and capacity to lease tower and equipment compound space to other potential users at prevailing market rates and conditions. Such letter shall commit the tower owner and successors in interest and shall be recorded prior to issuance of a construction permit.
[3] 
Elevation drawings of the proposed tower and accessory building depicting all proposed antennas, platforms, finish material, and all accessory equipment.
[4] 
A copy of the lease or deed for the property.
[5] 
A plan referencing all existing wireless telecommunications facilities in the Township, any such facilities in abutting municipalities which provide service to any portion of the Township, and any changes proposed within the following twelve-month period, including plans for new locations or for the discontinuance or relocation of existing facilities.
[6] 
Calculations of the expected radio-frequency emission levels at the nearest structure in each direction to the proposed facility.
[7] 
A visual impact study providing, at minimum, a three-hundred-sixty-degree perspective of the proposed tower at the proposed location from distances of 1,000 feet, 2,500 feet, and 5,000 feet.

§ 268-34.2 Wireless telecommunications antennas on existing structures.

Wireless telecommunications antennas are permitted to be located upon existing buildings and other suitable structures, such as water towers, power line transmission support towers, and existing monopoles, in the specified zoning districts, in accordance with the following:
A. 
All requirements set forth for public utility uses shall be adhered to with the exception of those applicable to new wireless telecommunications monopoles or towers.
B. 
In addition to the submission requirements outlined for public utility uses, applicants for wireless telecommunications antennas to be attached to existing buildings and structures shall provide a report by a qualified expert, certifying to the structural adequacy of the building or structure to which the antenna shall be attached to support the antenna and potential associated wind sheers.
C. 
Antennas shall not extend beyond the height of the existing building or structure by more than 50% of the permitted height of the building or structure, or 20 feet, whichever is the lesser, with the limitation that antennas affixed to an existing telecommunications tower or monopole shall be attached so as not to extend the height of the tower beyond 150 feet.
D. 
A wireless telecommunications equipment compound may be erected in support of such antenna(s) provided it shall not exceed 400 square feet in area and shall be located in a side or rear yard area. This provision shall not apply to existing monopoles or towers, where an equipment compound already exists. In no case shall more than one such compound be provided on any lot.
E. 
Such antenna(s) shall be concealed from view by architectural treatment, or shall be camouflaged or suitably finished and/or painted so as to blend with the existing structure upon which it is mounted, or otherwise minimize its visual impact on the surrounding area.

§ 268-34.3 Public garages and motor vehicle service stations.

A public garage or motor vehicle service station is permitted in the zoning districts as specified, provided that:
A. 
A set of plans, specifications and plot plans is filed with the municipal agency in accordance with the submission requirements of Article X for site plan review and showing in detail the exact location of such garage or gasoline station, the number of tanks to be installed, the dimensions and capacity of each tank, the depth at which the tanks will be placed below ground, the number of pumps to be installed, the type of structures and accessory buildings to be constructed, the number of automobiles to be garaged, and in addition, showing the lot dimensions of the property, the nearest school, church, hospital, park or other place of public assembly, the location of adjoining residential properties and the nearest street intersection within 100 feet of the subject property.
B. 
All gas pumps shall be located a minimum of 20 feet from the property line at all points and shall be located at least 50 feet from the nearest building on any adjacent property.
C. 
The lot shall have a minimum frontage of 150 feet for one to three gasoline pumps, plus an additional 50 feet of frontage for each additional three pumps located on the property. If the property is located at an intersection, then the frontage is determined to be that facing the most heavily traveled street.
D. 
Each lot shall have a minimum depth of 100 feet, except that the lot depth for stations located at intersections shall be at least 150 feet.
E. 
All driveways shall be located at least 25 feet from street intersections (property line). The width of the driveway on each lot shall be at least 20 feet and shall not exceed 36 feet and shall not be located closer than 10 feet to any property line. There shall be a minimum distance of 20 feet between driveways.
F. 
Plans submitted shall indicate reasonable landscaping on said lot, covering at least 2% of the land area thereof.
G. 
A landscaped buffer shall be required on any side or rear yard adjacent to a residential zone in conformity with the buffer requirements specified for the zoning district in which the facility is located.
H. 
For motor vehicle service stations, light intensity at pavement level underneath a canopy shall be permitted to reach a maximum of eight footcandles, however, at property lines, such lighting shall not exceed 0.4 footcandle.
I. 
All vents from the gas tanks shall be located at least 20 feet from any property line.
J. 
Signs shall conform to the provisions of Article V.
K. 
Provision shall be made for off-street parking as specified in Article VI.
L. 
Permitted accessory uses to motor vehicle service stations shall include convenience stores for the retail sale of foods, beverages, and personal items for use or consumption off the premises, provided that such stores do not occupy more than 40% of the gross floor area of the principal building.

§ 268-34.4 Public and private schools.

Public and private schools may be permitted in the specified residential zones in accordance with the following standards:
A. 
The applicant shall file an application inclusive of plans and specifications with the municipal agency in accordance with the submission requirements of Article X for site plan review.
B. 
The minimum lot area shall be three acres and the minimum lot frontage shall be 250 feet.
C. 
The maximum permitted floor/lot ratio shall be 0.15.
D. 
The maximum permitted impervious lot coverage shall be 25%.
E. 
No building shall be located within 75 feet of a street right-of-way line nor within 50 feet of a side or rear property line.
F. 
No active recreation area or parking area shall be located within 25 feet of a property line nor within the front yard.
G. 
Signs shall conform to the provisions of Article V.
H. 
Off-street parking space shall be required in accordance with the standards set forth in Article VI. In addition, adequate space shall be provided to permit access and turnaround by school buses and other vehicles, and safe pickup and discharge of children to a sidewalk giving direct access to the school building.
I. 
A landscaped buffer shall be required on any side or rear yard adjacent to a residential property. The buffer shall be a minimum of 25 feet in width and shall be landscaped via massed evergreen trees and/or shrubs having a minimum height of six feet at the time of planting. Such buffer areas may also be required upon site plan review to have walls and/or fences to ensure year-round visual screening, maintain privacy, and contain accessory recreational uses within the school grounds. No building or other structure, parking area, driveway or storage area shall encroach upon such buffer area.

§ 268-34.5 Hospitals and eleemosynary institutions.

Hospitals and eleemosynary structures and uses may be permitted in the SL/C and RC Zone provided that the following standards are observed:
A. 
The applicant shall file an application inclusive of plans, specifications, and a statement setting forth full particulars on the operation of the structure or use with the municipal agency in accordance with the submission requirements of Article X for site plan review.
B. 
The minimum lot area shall be five acres and the minimum lot frontage shall be 250 feet.
C. 
The maximum permitted floor/lot ratio shall be 0.25.
D. 
The maximum permitted impervious lot coverage shall be 40%.
E. 
No parking area shall be located within 25 feet of a property line nor within the front yard.
F. 
No building shall be located within 75 feet of a street right-of-way line nor within 50 feet of a side or rear property line.
G. 
Signs shall conform to the provisions of Article V.
H. 
Off-street parking space shall be required in accordance with standards set forth in Article VI.
I. 
There shall be adequate landscaping to screen the use from adjoining properties. On any side or rear yard adjacent to a residential property this shall include a landscaped buffer of a minimum of 50 feet in width consisting of massed evergreen trees and/or shrubs having a minimum height of six feet at the time of planting. Such buffer areas may also be required upon site plan review to have walls and/or fences to ensure year-round visual screening. No building or other structure, parking area, driveway or storage area shall encroach upon such buffer area.
J. 
Site development shall conform in all other respects to the requirements set forth for the zoning district in which the hospital is located.

§ 268-34.6 Houses of worship.

Houses of worship may be located in the R-18, R-15, R-10, R-8, RC, M-1, and M-2 Zoning Districts in accordance with the requirements of this section:
A. 
The applicant shall file an application inclusive of plans and specifications with the municipal agency in accordance with the submission requirements of Article X for site plan review.
B. 
The minimum lot area shall be three acres and the minimum lot frontage shall be 250 feet.
C. 
No building shall be located within 75 feet of a street right-of-way line nor within 50 feet of a side or rear property line.
D. 
Accessory buildings such as parish houses, rectories, and schools, if provided, shall be located within the required setback lines for the principal building and, if not connected, shall be located a minimum distance from one another of 30 feet.
E. 
The maximum permitted floor/lot ratio shall be 0.15.
F. 
The maximum permitted impervious lot coverage shall be 35%.
G. 
No parking area shall be located within 25 feet of a property line nor within the front yard.
H. 
A landscaped buffer shall be required on any side or rear yard adjacent to a residential property. The buffer shall be a minimum of 25 feet in width and shall be landscaped via massed evergreen trees and/or shrubs having a minimum height of six feet at the time of planting. Such buffer areas may also be required upon site plan review to have walls and/or fences to ensure year-round visual screening. No building or other structure, parking area, driveway or storage area shall encroach upon such buffer area.
I. 
Signs shall conform to the provisions of Article V.
J. 
Off-street parking space shall be required in accordance with the standards set forth in Article VI, and shall be cumulative, such that the total number of required spaces shall not be less than the sum of the individual requirement for each principal and accessory use. In the case of an accessory on-site school, adequate space shall also be provided to permit access and turnaround by school vehicles, and safe pickup and discharge of children to a sidewalk giving direct access to the school building.