Clifton City Zoning Code
ARTICLE VI
Conditional Uses 1
§ 461-25 General provisions.
A.
The regulations in this article set forth the standards which shall be used by the Planning Board in reviewing applications for conditional uses. The uses to be considered conditional uses in each zoning district are set forth in this article and in the Schedule of Regulations in Article IV. The procedures for review and approval of conditional uses by the Planning Board are set forth in the Land Use Procedures Ordinance of the City of Clifton, including requirements for public notice, notice to all property owners within 200 feet of the subject property and public hearing by the Planning Board.[1]
B.
All conditional uses shall require site plan approval by the Planning Board according to the procedures and standards set forth in Article VII, Site Plan Approval.
C.
The general standards for the review of all conditional uses shall be:
(1)
The Planning Board shall first determine that the proposed use shall not be detrimental to the health, safety and general welfare of the community.
(2)
The proposed use shall be reasonably necessary for the convenience of the community.
(3)
The proposed use shall not create a fire, traffic or safety hazard.
(4)
The proposed use or structure shall not have an adverse effect on the neighborhood in which it is proposed.
(5)
Off-street parking and loading spaces shall be provided in accordance with the Schedule of Regulations in Article IV.
(6)
Where parking, loading or recreation areas adjoin a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required.
(7)
The use shall provide safe and efficient vehicular and pedestrian circulation, with access and egress designed to eliminate any traffic safety hazards entering and exiting the site, and so designed as not to cause traffic congestion on abutting streets.
§ 461-26 All zones.
Conditional uses permitted in all zones shall be as follows:
A.
All utility installations.
[Amended 10-18-1994 by Ord. No. 5703-94]
(1)
The proposed installation shall meet all the requirements of the Public Utilities Commission.
(2)
The proposed installations shall harmonize with the character of the neighborhood in which they are proposed and shall have adequate fencing, safety devices and front, rear and side yard setbacks to protect adjoining properties. Notwithstanding the above, no utility installation shall be placed within 500 feet of a residential district or a school.
(3)
Adequate off-street parking shall be provided to serve all employees and service personnel visiting the installation.
(4)
Access and egress shall be designed so as not to produce a traffic safety hazard and so as not to cause traffic congestion on the abutting streets.
B.
Sale of agricultural or horticultural products upon the premises where grown. Said stands must be located at least 25 feet from any property line and shall be of a temporary nature and shall be removed from the front or side yard when not in use.
C.
Walls (other than retaining and building walls) which do not comply with the minimum building setback requirements.
§ 461-27 R-A1, R-A2 and R-A3 Districts.
Conditional uses permitted in R-A1, R-A2 and R-A3 Districts shall be as follows:
A.
Private and public schools offering instruction, including elementary, high school and college levels.
[Amended 5-1-1984 by Ord. No. 4888-84]
(1)
Minimum lot size: one acre.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot depth: 150 feet.
(4)
Maximum lot coverage: 20%.
(5)
Maximum height: two stories; 30 feet.
(6)
Minimum front yard: as a single-family use in the zone constructed, but not less than 25 feet.
(7)
Minimum rear yard: as a single-family use in the zone constructed, but not less than 35 feet.
(8)
Minimum side yard (interior): 20 feet each; 40 feet total.
(9)
Minimum side yard (corner), street side: 25 feet.
(10)
Off-street parking.
[Amended 5-1-1984 by Ord. No. 4888-84]
B.
Houses of worship and related accessory uses.
(1)
Minimum lot size: 20,000 square feet.
(2)
Lot width: 100 feet.
(3)
Lot depth: 100 feet.
(4)
Front yard: 20 feet.
(5)
Side yard: 15 feet.
(6)
Rear yard: 35 feet where located in or adjacent to any residential zone district or residence, and 10 feet for all other permitted locations.
[Amended 5-7-2002 by Ord. No. 6272-02]
(7)
Height: three stories or 35 feet.
(8)
Coverage: 35%.
(9)
Off-street parking: one space for every four seats.
§ 461-28 R-B1 District.
Conditional uses permitted in R-B1 Districts shall be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3 Districts, and subject to the same standards.
§ 461-29 R-B2 and R-B3 Districts.
Conditional uses permitted in R-B2 and R-B3 Districts shall be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3 Districts, and subject to the same standards.
B.
Homes for the aged or senior citizens housing. The use shall meet the following requirements:
C.
Buildings designed and built to serve as meeting halls and clubs for nonprofit veterans' associations, fraternal organizations, lodges, social and charitable organizations.
(1)
The use shall meet the following requirements:
(a)
Minimum lot area: one acre.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard: 25 feet.
(e)
Minimum rear yard: 50 feet.
(g)
Maximum lot coverage: 25%.
(h)
Maximum building height: two stories; 35 feet.
(i)
Minimum off-street parking: one space for each 50 square feet of assembly room area.
(2)
In considering such uses, the Planning Board shall consider their effect on adjacent residential areas in terms of vehicular and other activity, that the proposed use shall be integrated with the surrounding area and with the street pattern thereof.
§ 461-30 B-A Zones.
Conditional uses permitted in B-A Zones shall be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3 Zones, and subject to the same standards.
B.
Meeting halls and clubs as permitted in R-B2 and R-B3 Zones, and subject to the same standards.
C.
Nursery schools as permitted in the R-B2 and R-B3 Zones, and subject to the same standards.
D.
Laboratories used for research, design or experimentation, provided that no materials or products shall be manufactured, processed or fabricated for sale or distribution. The foregoing shall not prohibit processing or fabricating incidental to product research. No use or structure shall be permitted under this subsection unless the Planning Board expressly finds that the operation thereof will not result in dust, smoke, fumes, gas, offensive or noxious odors or other atmospheric effluent, and that the noise at the boundary of such lot shall not exceed in intensity and frequency the noise of street traffic at the adjoining street or streets, and that such use will not result in glare observable from such street or produce vibrations noticeable beyond the lot lines or pose a threat of fire, explosion or radiation. The use shall comply with the bulk requirements of the B-A Zone as contained in the Schedule of Regulations.
E.
Hospitals for the care and treatment of human beings as defined by the State of New Jersey, Department of Institutions and Agencies, other than an asylum for the insane or other institutions for mental defectives, or institutions primarily treating drug or alcohol addicts. The use shall meet the lot area, lot dimensions, lot coverage, height and yard requirements as follows:
(1)
Minimum lot size: one acre.
(2)
Minimum lot width: 150 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Maximum coverage: 20%.
(5)
Maximum height: three stories; 40 feet.
(6)
Minimum front yard: 35 feet.
(7)
Minimum rear yard: 50 feet.
(8)
Minimum side yard (interior): 25 feet each.
(9)
Minimum side yard (corner lot, street side): 35 feet.
(10)
Off-street parking: one parking space for each doctor on staff, plus one parking space for each three employees on day shift, plus one parking space for each three beds, plus one parking space for each ambulance.
(11)
Off-street loading: one space for each 4,000 square feet of floor area.
F.
Business schools offering instruction in specific fields such as secretarial, music or dance. There shall be adequate off-street parking provided for the staff and students, with a minimum of one parking space per staff member and one parking space per every five students.
G.
Dwelling quarters for the use of watchmen and caretakers and their families employed upon and in connection with a business or industrial establishment.
§ 461-31 B-A1 Zones.
Conditional uses permitted in B-A1 Zones shall be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3 Zones, and subject to the same standards.
B.
Meeting halls and clubs as permitted in R-B2 and R-B3 Zones, and subject to the same standards.
C.
Nursery schools as permitted in R-B2 and R-B3 Zones, and subject to the same standards.
D.
Business schools as permitted in B-A Zones, and subject to the same standards.
E.
Dwelling quarters for the use of a watchman or caretaker as permitted in B-A Zones.
§ 461-32 B-B Zones.
Conditional uses permitted in B-B Zones shall be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3 Zones, and subject to the same standards.
B.
Meeting halls and clubs as permitted in R-B2 and R-B3 Zones, and subject to the same standards.
C.
Nursery schools as permitted in R-B2 and R-B3 Zones, and subject to the same standards.
D.
Hospitals as permitted in B-A Zones, and subject to the same standards.
E.
Business schools as permitted in B-A and B-A1 Zones, and subject to the same standards.
F.
Restaurants, excluding fast-food restaurants, serving food and/or beverages for consumption within the building in which the food is prepared.
G.
All permitted retail or commercial uses involving a drive-in facility, including but not limited to drive-in banks, drive-in photo service and drive-in cleaners. A report shall be received from the Police Department, and any recommendations included in the report shall be considered by the Planning Board.
§ 461-33 B-C Zones.
Conditional uses permitted in B-C Zones shall be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3 Zones and subject to the same standards.
B.
Conditional uses permitted in B-B Zones and subject to the same standards.
C.
Car washes.
[Amended 4-18-1994 by Ord. No. 5730-95[1]]
(1)
Before a conditional use is granted for a car wash, there shall be a finding that it conforms to the provisions of this chapter and shall specifically meet the following:
(a)
There shall be a minimum of one on-site parking space for each two employees.
(b)
There shall be in addition to the on-site parking requirements for employees a minimum of one on-site parking space for each 300 square feet of floor area.
(c)
No part of the lot or premises in question shall be situated within 200 feet of the property line of a school, library or church.
(d)
All operations connected with the proposed use, including the lining of waiting vehicles, shall take place within the confines of the proposed site.
(e)
The noise at the boundary of such lot shall not exceed in intensity and frequency the noise of street traffic at the adjoining street or streets.
(f)
Minimum lot area: 15,000 square feet.
(g)
Minimum lot width: 100 feet.
(h)
Minimum lot depth: 150 feet.
(i)
Maximum coverage by structure: 20%.
(j)
Maximum height: one story or 20 feet.
(k)
Minimum front yard: 50 feet, 25 feet to any other street right-of-way.
(l)
Minimum rear yard: 35 feet. (Where a car wash use abuts a residential zone or a residential use, a screen of hedges or evergreens eight feet in height must be so placed as to be an effective visual barrier when viewed from the residential zone or the residential use.)
(2)
A report shall be obtained from the Police Department, and any recommendations in that report shall be considered by the Planning Board.
[1]
Editor's Note: This section also superseded former § 461-33C, New and used car lots, and it redesignated former Subsections D and E as Subsections C and D, respectively.
D.
Fast-food restaurants.
[Amended 3-5-1985 by Ord. No. 4963-85; 4-18-1995 by Ord. No. 5730-95]
(1)
Before a conditional use is granted for a fast-food restaurant, there shall be a finding that it conforms to the provisions of this chapter and shall specifically meet the following:
(a)
Minimum lot area: 25,000 square feet.
(b)
Minimum lot width: 125 feet.
(c)
Minimum lot depth: 150 feet.
(d)
Front yard: 25 feet.
(e)
Rear yard: 50 feet.
(f)
Side yards: 30 feet each.
(g)
Maximum coverage: 25%.
(h)
Height: one story or 20 feet.
(i)
Off-street parking: one parking space for each two seats, plus one parking space for each employee.
[Amended 4-3-2001 by Ord. No. 6189-01]
(2)
A report shall be obtained from the Police Department, and any recommendations in that report shall be considered by the Planning Board.
(3)
If drive-through service is provided, separate lanes shall be established for the drive-through vehicles so as not to interfere with the normal operation of the parking lot.
§ 461-34 B-D Zones.
Conditional uses permitted in B-D Zones shall be as follows:
A.
Conditional uses permitted in R-A1, R-A2 and R-A3 Zones and subject to the same standards.
B.
The following conditional uses are permitted in the B-D Zones and subject to the same standards:
C.
Fast-food restaurants and new and used car lots as permitted in B-C Zones and subject to the same standards.
D.
Dwelling quarters for the use of a watchman or caretaker as permitted in the B-A Zones and subject to the same standards.
E.
Gasoline filling stations and auto or truck rental.
(1)
No permit shall be recommended or issued for the erection of a gasoline filling station or a facility for auto or truck rental, or for the conversion of any premises not so now used, to be used for said purpose, if any part of the lot or premises in question is situated within a radius of 1,000 feet of the property line of:
(a)
A public or parochial school.
(b)
A public or parochial school playground.
(c)
A public or private hospital maintaining at least 15 beds.
(d)
A church.
(e)
A theater containing at least 100 seats.
(f)
Any place of public assemblage with a seating capacity of 100 persons or more.
(g)
Any public playground or athletic field.
(h)
Any existing public garage or motor vehicle service station.
(i)
A fire station.
(2)
Before a conditional use is granted for a filling station, there shall be a finding that it conforms to the provisions of this chapter and shall specifically meet the following:
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Maximum lot coverage: 20%.
(e)
Maximum height: one story or 20 feet.
(g)
Screen: Where a B-D Zone abuts an R Zone or use, a use permitted in a B-D Zone must be screened at the rear lot line by hedges or evergreens at least eight feet high and so placed as to be an effective visual barrier when viewed from the R lot.
(h)
Off-street parking shall be provided in the amount equal to one space for each employee plus one space for each service vehicle.
(3)
A report shall be obtained from the Police Department, and any recommendations in that report shall be considered by the Planning Board.
F.
Auto repair garages.
(1)
The use shall meet the lot area, lot dimensions, lot coverage, height and yard requirements set forth in the Schedule of Regulations as to Bulk, Height and Other Requirements.[1]
[1]
Editor's Note: The Schedule of Regulations as to Bulk, Height and Other Requirements is included at the end of this chapter.
(3)
A report shall be obtained from the Police Department, and any recommendations in that report shall be considered by the Planning Board.
G.
Advertising signs, subject to the provisions of Article IX. The proposed sign shall meet the following requirements:
(1)
An advertising sign shall not be located within 1,000 feet (measured along the side of the street or highway on which located) of a school, a public park or playground, place of public assembly (except restaurant or fast-food restaurant), a residential zone or another advertising sign.
(2)
An advertising sign shall not be located within 100 feet of a street intersection or access or exit ramp.
(3)
An advertising sign shall not be located on a lot on which there is a building.
(4)
An advertising sign shall not be illuminated by intermittent, rotating or flashing lights, nor contain lights which are similar in color or design to traffic signals.
(5)
An advertising sign shall not contain any moving parts.
(6)
An advertising sign shall not use symbols which are similar in design to standard traffic signs.
(7)
All advertising signs shall conform to all yard requirements of the zone in which located.
§ 461-35 M-1 Zones.
Conditional uses permitted in the M-1 Zones shall be as follows:
A.
Hospitals as permitted in the B-A Zones and subject to the same standards.
B.
Auto repair garages as permitted in the B-D Zones and subject to the same standards.
C.
Advertising signs as permitted in the B-D Zones and subject to the same standards.
D.
Dwelling quarters for a watchman or caretaker as permitted in the B-A Zones and subject to the same standards.
E.
Temporary structures, tents, air structures, mobile units, etc., provided that all the bulk requirements of the zone are met, and with a time limit established not to exceed one year.
§ 461-36 M-2 Zones.
[Amended 5-3-1983 by Ord. No. 4805-93; 4-18-1995 by Ord. No. 5731-95]
Conditional uses permitted in the M-2 Zones shall be as follows:
A.
Gasoline filling stations as permitted in the B-D Zones and subject to the same standards.
B.
Dwelling quarters for a watchman or caretaker as permitted in the B-A Zones and subject to the same standards.
C.
Advertising signs as permitted in the B-D Zones and subject to the same standards.
D.
Temporary structures, etc., as permitted in the M-1 Zones and subject to the same standards.
E.
Truck terminals, transfer stations, warehouses and storage of construction equipment in yards or in closed buildings, provided that there shall be a finding that:
(1)
The frontage and principal access to such use shall be located on a collector or arterial street (as defined under Chapter 399, Subdivision of Land) not less than 60 feet in width, except that the Planning Board shall allow such use to be permitted on a collector or arterial street less than 60 feet in width, provided that there is a finding that such street can reasonably carry the expected truck traffic and the location of such use will not adversely affect adjacent properties and meets all other requirements of this chapter.
(2)
The frontage of the lot on which such use is proposed to be located shall not be within 1/2 mile of a public or parochial school or public park or playground which abuts the same street as the proposed truck terminal, transfer station or warehouse fronts, except State Highway Route No. 3 and Route No. 46, measured along the center line of said street.
(3)
The use shall not be located on a lot, any part of which is within 100 feet of a residence district boundary.
(4)
The use shall meet the area, height and bulk requirements for industrial plants in an M-2 District and shall meet the off-street parking, loading and unloading and buffer requirements of this chapter as it pertains to industrial plants in an M-2 District.
F.
Auto body garages, provided that the proposed use meets all the bulk requirements for the M-2 Zone; that buffer requirements for adjoining residential districts are observed; that the Fire Department approves the plans for spray painting and welding; and that the performance standards contained in Article V are met.
G.
Laboratories used for research, design or experimentation, provided that there shall be a finding that:
(1)
The use shall meet the buffer, area, height and bulk requirements of the M-2 Districts and shall meet the off-street parking requirements for offices and commercial laboratories and shall meet the off-street loading requirements for shops, mills and factories.
§ 461-37 M-3 Zones.
[Added 5-3-1983 by Ord. No. 4805-83]
Conditional uses permitted in M-3 Zones shall be as follows:
A.
Conditional uses permitted in the M-2 Zones and subject to the area, height and bulk requirements in an M-3 Zone.
§ 461-37.1 PCD Zones.
[Added 7-2-1985 by Ord. No. 4988-85]
Conditional uses permitted in the PCD Zone shall be as follows:
A.
Gasoline filling stations, provided that no repair or body work is done on the premises and no disabled vehicles or vehicles for sale are stored on the premises and provided that it is integrated into the overall development concept.
C.
Recreation facilities, including but not limited to the following, or similar uses: indoor theaters, tennis courts, racquetball courts, squash courts, handball courts, swimming pools and pedestrian trails.
D.
Business schools, as in the B-A Zones and subject to the same standards.
E.
Private schools, with parking requirements as in the Schedule of Regulations, Column 8.
F.
Drive-in banks as in the B-B Zones and subject to the same standards.
G.
Car rental services, provided that no more than 10 cars are stored at any time.
§ 461-37.2 PSRC Zone District.
[Added 1-2-2001 by Ord. No. 6170-01]
Conditional uses permitted in the PSRC District shall be as follows:
A.
Assisted living facilities. Residences for the elderly or other persons in need of similar services that provide rooms, which, may include semi-independent living quarters, and the supervision of self-administered medication, as well as shared facilities for meals, recreational shared facilities for meals, recreational activities, personal care and transportation.
(1)
Landscape buffer. A landscape buffer, as required in § 461-13T(5) of this chapter, shall be provided.
(2)
Bulk requirements.
(a)
Minimum lot area is five acres.
(b)
The maximum gross permitted density is 25 living units per acre, measured as beds or rooms, whichever is greater.
(c)
The minimum setback from any public street or drive is 60 feet.
(d)
The minimum setback from any other property line is 35 feet.
(e)
The maximum building coverage is 25%.
(f)
The minimum amount of open space is 25%.
(g)
The maximum building height is four stories or 45 feet to the midpoint of the roof as averaged on all sides of any building.
(3)
Off-street parking. There shall be one off-street parking space for each employee and one space for each three beds or rooms, whichever is greater.
(4)
Residential development standards. The developers shall comply with the residential development standards in § 461-13T(8) of this chapter.
(5)
Signs. The developers shall comply with the sign standards in § 461-13T(9) of this chapter.
(6)
Site lighting. The developers shall comply with the site lighting standards in § 461-13T(10) of this chapter.
§ 461-37.3 PD-1(A) District.
[Added 12-6-2004 by Ord. No. 6452-04; amended 12-21-2004 by Ord. No. 6453-04]
Conditional uses permitted in the PD-1(A) District shall be as follows:
A.
Fast-food restaurants without drive-in or drive-through service shall be permitted only in retail shopping centers greater than 100,000 square feet net floor area.