Clark City Zoning Code
ARTICLE XXVIII
Conditional Uses
§ 195-176 Authority.
The Planning Board shall have the authority to receive applications for conditional uses where listed as a conditional use in applicable zone standards contained herein or below, and to approve such applications where the considerations and conditions are met as hereinafter outlined in this article.
§ 195-177 Criteria for approval.
The following criteria shall be considered by the Planning Board in processing applications for conditional uses:
A.
The type and location of the proposed use in relation to the needs and growth pattern of the Township.
B.
The adequacy of the site area for the use proposed.
C.
The arrangement of buildings and structures, driveways, parking and loading areas and other site plan features, with respect to compatibility with adjoining present and prospective uses as permitted by this Part 3.
§ 195-178 Conditions of approval.
The approval of a conditional use may be subject to conditions, which may include or relate to, but are not limited to, design of buildings, aesthetics and appearance, plantings and their maintenance as screens between dissimilar uses, other landscaping features, hours of operation of the proposed use, lighting, density or extent of use, nuisance factors and public health measures.
§ 195-179 Conditional uses.
A.
Churches and religious buildings.
(1)
Permitted as conditional use. Houses of worship, including churches, and other buildings which are principally used for religious purposes and which are owned and operated by fully incorporated, nonprofit, religious corporations and/or associations holding tax-exempt status are hereby determined to be conditional uses in all zones where not already identified as an allowable use.
(2)
Bulk requirements. Before any zoning permit, building permit or certificate of occupancy, as the case may be, may be issued for any conditional use, as specified in Subsection A, in any zoning district, a site plan shall be submitted to and approved by the Planning Board. Any conditional use, as specified in Subsection A, shall meet or exceed the following standards:
(a)
Minimum lot frontage. There shall be a minimum lot frontage of 400 feet.
(b)
Minimum lot area. There shall be a minimum lot area of two acres or 87,120 square feet.
(c)
Front yard. There shall be a minimum front yard of 50 feet.
(d)
Rear yard. There shall be a minimum rear yard of 75 feet.
(e)
Side yard. There shall be a minimum side yard of both sides combined of 50 feet, with a minimum side yard of 15 feet for any one of such combined side yards. If adjoining any residentially zoned property, the minimum side yard shall be at least as wide as the maximum height of the primary structure, including steeple, if any.
(f)
Height. No building or structure shall exceed 2 1/2 stories or 35 feet in height, whichever is less, except that steeples on houses of worship may be up to 45 feet in height.
(g)
Open space. Has to meet the prevailing open space of the underlying zone that the structure is located.
(h)
Buffer required. There shall be a landscaped buffer area of a minimum of 25 feet in width provided on the subject premises, between the subject premises and adjacent residential properties and zones.
(i)
Off-street parking requirements shall be as follows:
[1]
There shall be a minimum of 50 off-street parking spots provided or the use must meet the off-street parking in accordance with Article XXIV of the Code of the Township of Clark, whichever is greater.
[2]
No parking shall be permitted in the front yard.
[3]
All parking areas shall be screened by landscaping from public rights-of-way.
[4]
All ancillary uses are to be additive to establish the parking requirement for the conditional use.
(j)
Zone district regulations to control. Except as set forth herein, all of the required conditions regulating the particular zone district in which the property is situated shall apply.
B.
Farm stands.
(1)
The products sold are in their natural state.
(2)
The stands are located on a farm.
(3)
The place of sale or storage of any such products, whether of a permanent or temporary nature, shall not be closer than 100 feet to any side or rear lot line.
(4)
The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard or other factors as specified in this Part 3.
(5)
The sale of any such products shall also require that a suitable amount of off-street parking and loading space be required as provided in this Part 3.
C.
Home occupations and professional offices in the home as accessory uses.
(1)
An accessory use customarily conducted for profit entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental to the use of the dwelling for residential purposes and does not alter the character thereof, provided that:
(a)
In connection with which there is used no display except one sign, not exceeding a total area of two square feet, affixed to the building, and if illuminated, illuminated only by a shielded indirect light source or equivalent light not offensive to surrounding residences;
(b)
In connection with which there is kept no stock-in-trade or commodity sold upon the premises;
(c)
In connection with which only a member, or members, of the resident family are employed; and
(d)
Not more than 30% of the floor area of the building is used for such accessory use.
(2)
Such activities and uses as boardinghouse or rooming house operations, tourist homes, clinics, barbershops and beauty parlors, animal hospitals, private nursery and kindergarten schools, music studios, art or dancing schools for group instruction, repair of heavy mechanical or electrical equipment, the keeping of and use of mechanical or electrical equipment that would cause electrical or other interference with radio or television reception in nearby residences, and all other activities and uses which would cause offensive and excessive noise, light, vibration or other disturbances, or would result in excessive residential street traffic, shall not be deemed home occupations under the terms of this Part 3.
D.
Developed nonpublic recreational uses such as golf courses, tennis clubs and swim clubs.
E.
Horticultural nurseries, but greenhouses or structures for the indoor cultivation of plants shall only be of permanent-type construction or permanent foundations and shall be set back a minimum of 100 feet from the street line.
F.
Private clubs/service organizations.
(1)
Lot dimensions:
(a)
Lot area (minimum): 30,000 square feet.
(2)
Coverage and floor area ratio:
(a)
Lot coverage (maximum): 8%.
(3)
Access. On corner lots, access shall be provided from the higher road classification.
(4)
Buffer. In residential zones, a ten-foot perimeter buffer shall be planted in the side and rear yards.
G.
Public and nonpublic schools. Public schools covering any or all grades pre-kindergarten through grade 12 and full-time private schools covering any or all grades pre-kindergarten through grade 12 that are operated by charitable, religious or eleemosynary organizations to satisfy state-mandated educational requirements, where permitted as a conditional use, provided said conditional use shall meet all of the following requirements:
(1)
Charter.
(a)
The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee, to the satisfaction of the Board, the following:
[1]
The organization is or will be a bona fide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.
[2]
The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
[3]
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
[a]
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside a building or structure. Such activities shall only be permitted outside of a building or structure under the authority of a special license granted by the Township Council of the Township of Clark, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This paragraph shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.
[b]
The sale of items, products or materials required for the educational programs or welfare of the students, or accessory to and having a relation to the activities conducted on the premises, such as, but not limited to, books, art materials and school supplies, or tickets for student activities, or other school-related events, or food for school lunches, are permitted on a continuous basis, provided such sales are conducted inside the building or structure.
(2)
Bulk requirements. Before any zoning permit, building permit or certificate of occupancy, as the case may be, may be issued for any conditional use, a site plan shall be submitted to and approved by the Planning Board subject to the following standards:
(a)
Minimum lot frontage. There shall be a minimum lot frontage of 400 feet.
(b)
Minimum lot area. There shall be a minimum lot area of two acres or 87,120 square feet.
(c)
Front yard. There shall be a minimum front yard of 50 feet.
(d)
Rear yard. There shall be a minimum rear yard of 75 feet.
(e)
Side yard. There shall be a minimum side yard of both sides combined of 50 feet, with a minimum side yard of 15 feet for any one of such combined side yards. If adjoining any residentially zoned property, the minimum side yard shall be at least as wide as the maximum height of the primary structure.
(f)
Height. No building or structure shall exceed three stories or 45 feet in height.
(g)
Open space. Subject to the prevailing open space requirement of the underlying zone.
(h)
Buffer required. There shall be a landscaped buffer area having a minimum width of 25 feet located between the subject premises as well as adjacent residential properties and zones.
(i)
Off-street parking requirements shall be as follows:
[1]
There shall be a minimum of 50 off-street parking spots provided, or the use shall meet the off-street parking requirements in accordance with Article XXIV (§ 195-141 through § 195-148) of the Code of the Township of Clark, whichever is greater.
[2]
No parking shall be permitted in the front yard.
[3]
All parking areas shall be screened by landscaping from public rights-of-way.
[4]
All ancillary uses are to be additive to establish the parking requirement for the conditional use.
(j)
Zone district regulations to control. Except as set forth herein, all of the required conditions regulating the particular zone district in which the property is situated shall apply.
H.
Public utility installations.
(1)
Bulk requirements. Before any zoning permit, building permit or certificate of occupancy, as the case may be, may be issued for any conditional use, a site plan shall be submitted to and approved by the Planning Board subject to the following standards:
(a)
Minimum lot frontage. There shall be a minimum lot frontage of 400 feet.
(b)
Minimum lot area. There shall be a minimum lot area of two acres or 87,120 square feet.
(c)
Front yard. There shall be a minimum front yard of 50 feet.
(d)
Rear yard. There shall be a minimum rear yard of 75 feet.
(e)
Side yard. There shall be a minimum side yard of both sides combined of 50 feet, with a minimum side yard of 15 feet for any one of such combined side yards. If adjoining any residentially zoned property, the minimum side yard shall be at least as wide as the maximum height of the primary structure.
(f)
Height. No building or structure shall exceed three stories or 45 feet in height.
(g)
Open space. Subject to the prevailing open space requirement of the underlying zone.
(h)
Buffer required. There shall be a landscaped buffer area having a minimum width of 25 feet located between the subject premises as well as adjacent residential properties and zones.
(i)
Exterior appearance of structures. The exterior appearance of any building or structure required for such use shall be compatible with the character of buildings or structures in the area in which the site is located, as determined by the Board.
I.
Nonprofit chartered membership organizations.
(1)
The organization is, or will be, a bona fide nonprofit group organized solely for charitable purposes or for the benefit and enjoyment of its members who shall be primarily residents of Clark and the surrounding communities.
(2)
The use will not involve the sale or consumption of liquor or alcoholic beverages in any form, unless the Planning Board specifically finds that such sales or consumption will not be detrimental to the character of the area and the safety and welfare of the public.
(3)
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
(a)
The premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
(b)
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the Township Council of the Township of Clark, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This paragraph shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.
(c)
Sale of items, products, or materials related to or accessory to the primary function or activity of the organization conducted on the premises, such as, but not limited to, food or alcoholic beverages (if the organization holds a license for the sale of same), athletic equipment, and the like, are permitted on a continuous basis, provided such sales are conducted inside the building or structure.
(4)
Overnight accommodations shall not be provided.
(5)
The hours of use are fixed in a manner in which the property rights of nearby property owners will not be adversely affected.
(6)
Activities of the organization will be carried on primarily within an enclosed building or structure.
(7)
Street access. The subject property shall be located on, and driveway access shall be provided to, an arterial or collector street as designated by the Township Engineer.
(8)
Minimum lot area. There shall be a minimum lot area of 30,000 square feet, plus an additional 150 square feet of lot area for each 15 square feet of gross floor area in excess of 1,500 square feet of gross building floor area.
(9)
Minimum lot frontage. There shall be a minimum lot frontage of 150 feet.
(10)
Maximum coverage by buildings and above-grade structures. The coverage of the lot by buildings and above-grade structures shall not exceed 20% of the total lot area.
(11)
Maximum coverage by improvements. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, and other improvements shall not exceed 50% of the total lot area.
(12)
Front yard. There shall be a front yard equal to the front yard required in the zone in which the site is located.
(13)
Minimum side yard. There shall be a minimum side yard equal to the height of the building or structure, or 25 feet, whichever is greater.
(14)
Minimum rear yard. There shall be a minimum rear yard equal to 1.5 times the height of the building or structure, or 50 feet, whichever is greater.
J.
Medical/dental clinics.
(1)
Lot dimensions:
(a)
Lot area (minimum): one acre.
(2)
Coverage and floor area ratio:
(a)
Lot coverage (maximum): 30%.
(3)
Access. On corner lots, access shall be provided from the higher road classification.
(4)
Buffer. In residential zones and adjoining residential uses, a ten-foot perimeter buffer shall be planted in the side and rear yards.
K.
Nursing homes.
(1)
Licensing. The facility shall be licensed by the N.J. Department of Community Affairs as a Class C rooming and boarding home or by the N.J. Department of Health as an assisted living residence.
(2)
Minimum lot area. The lot for such facility shall contain a minimum area of three acres.
(3)
Maximum density. There shall be no more than 25 residential units for each acre of lot area provided.
(4)
Maximum floor area ratio. The total habitable floor area within all buildings or structures on any lot shall not be more than 50% of the total lot area.
(5)
Maximum number of habitable floors. No principal building shall exceed two habitable floors, exclusive of the basement.
L.
Car wash. Allow car washes as conditional use in CG, CI, LCI and COR Zones. Car washes are allowed as a conditional use in the zones indicated elsewhere herein will be subject to the following conditions:
(1)
Lot area shall be a minimum of one acre.
(2)
Car wash shall be automatic and brushless.
(3)
No vehicle services shall be provided (e.g., oil changes, tune-ups, coolant flushing/replacement, etc.).
(4)
No accessory/incidental retail component shall be allowed.
(5)
No truck washing shall be permitted.
(6)
No storage of hazardous materials shall be permitted.
(7)
An onsite queuing area shall be provided with bypass option to provide for a minimum of 20 vehicles.
(8)
Facility shall comply with applicable noise standards measured at the perimeter of the site.
(9)
A minimum landscaped buffer of 25 feet shall be provided adjacent to any residential use.
(10)
The applicant shall apply for and obtain sanitary sewer flow rights from the Township and will pay the Township Sewer Utility applicable fees for sanitary sewer disposal based on water consumption. Should the facility qualify as a significant industrial user based on flows, it shall provide for required monitoring and testing as may be required by the Township, Rahway Valley Sewage Authority, the local sewer utility and/or the New Jersey Department of Environmental Protection.
