Application for conditional use. Application for conditional use shall be made to the Planning Board pursuant to the authority of N.J.S.A. 40:55D-67 or to the Zoning Board of Adjustment pursuant to the authority of N.J.S.A. 40:55D-76b. The application shall be made in accordance with the instructions of the Planning Board and shall be accompanied by a site plan prepared in accordance with the requirements of the Site Plan Ordinance.[1]

Issuance of a permit. The Board shall not order, direct or authorize the issuance of a permit for a conditional use unless it shall find that such use:

All conditional uses shall be subject to site plan approval.

All buildings and structures, to be erected on the tract, shall be so designed and arranged in order to minimize the impact of the use on the established neighborhood scheme and shall be so designed as to harmonize, as far as possible, with the established architectural scheme of the neighborhood.

All yard and setback requirements of the zone district shall be met unless a more restrictive condition is set forth for the particular conditional use hereafter described.

A time limit of one year from the date of the conditional use approval shall be set within which time the applicant shall secure a building permit or, where no building permit is required, a certificate of occupancy for said use; otherwise, the conditional use approval shall be null and void.

The lot shall contain the minimum lot area required in accordance with the zone district in which the lot is located, except that the Board may, for good cause shown, reduce the lot area requirement, but in no event less than 5,000 square feet in size.

No yard shall be less than the height of the facility, nor shall any structure be erected within 100 feet of a conforming residential use.

Adequate parking shall be required, as determined by the Board when considering the proposed use.

Adequate fencing must be provided in accordance with the recommendations of the Board in order to provide protection to the public.

Landscape screening shall be provided and building design shall be of a nature consistent with the character of the neighborhood in which the use is to be located.

There shall be a clear demonstration in an environmental impact statement that the public necessity for the use outweighs the negative impacts.

A minimum tract size of 20 acres shall be required.

The average lot size shall not be less than two acres.

The minimum lot size shall be one acre.

No lots of less than two acres may be subdivided until a sufficient number of lots in excess of two acres have been subdivided to maintain average lot sizes of two acres.

The minimum lot width for lots less than two acres shall be 150 feet.

All other area and yard requirements shall be the same as the zone district in which it is located.

The dish shall be erected on a secure ground-mounted foundation.

Satellite antennas shall not be constructed in front yards and shall comply with required side yard and rear setbacks for the main building.

The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties. The ability of the applicant to install the dish in an unobtrusive location and to minimize the noise impact on adjacent properties shall be a major factor in determining whether or not the conditional use is approved.

The antenna shall be exclusively for the use of the occupants of the principal structure of the lot on which it is located.

Height and size.

The minimum front yard setback shall be 30 feet.

The lot width shall be a minimum of 150 feet at the street line.

The minimum lot area shall be 15,000 square feet.

Every principal building shall be provided with two side yards totaling 40 feet in width, with the minimum width of one of the side yards being no less than 15 feet.

Height shall not exceed 40 feet in the R-1, R-2 and R-3 Districts or 60 feet in the R-3 and R-4 Districts.

Professional occupations shall include the office of a physician, dentist, minister, attorney, real estate agent or other similar professional person.

The function of such office may not occupy more than 50% of the first floor area of the building.

There shall be only one such office in a building.

Not more than one person who is not a resident of the building may be employed in such office.

No new or used automobile sales use shall be located within 2,000 feet of another new or used automobile sales use, as measured from the perimeter of the property.

Minimum lot area shall be 20,000 square feet.

Minimum lot frontage shall be 100 feet.

The maximum number of cars permitted for outdoor display shall be one per 330 square feet of lot area not occupied by structure(s).

Additional off-street parking shall be provided at the rate of one space per roomer, boarder or lodger.

The minimum front yard setback shall be 30 feet.

The lot width shall be a minimum of 150 feet at the street line.

The minimum lot area shall be 15,000 square feet.

Every principal building shall be provided with two side yards totaling 40 feet in width, with the minimum width of one of the side yards being no less than 15 feet.

Height shall not exceed 35 feet.

Off-street parking shall be provided in accordance with the Off-Street Parking Requirements of this chapter.[2]

All on-site activities shall be restricted to take place only within a building. Outdoor activities are prohibited.

No community building or center shall be permitted within 2,000 feet of another community building or center .

Sexually oriented businesses shall not be permitted within 1,000 feet of any existing sexually oriented business or any church, synagogue, temple or other place of public worship or any elementary or secondary school or any school bus stop or any municipal or county playground or place of public resort and recreation or within 500 feet of any area zoned for residential use or within 1,000 feet of a public or private recreation facility, including but not limited to bowling alleys, skating rinks, pool parlors, video arcades or similar enterprises catering to or frequently attended by minors under the age of 18 years.

Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width, consisting of plantings to the satisfaction of the approving agency.

No sexually oriented business which regularly shows films, motion pictures, video cassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area shall offer for public use any private booths, screens, enclosures or other devices which facilitate sexual activity by patrons.

A sexually oriented business shall display one exterior sign giving notice that the premises are off limits to minors.

No such facility shall be located closer than 1,500 feet to any other such facility.

The number of persons, other than resident staff, resident at such existing community residences or community shelters within the municipality does not exceed 50 persons or 0.5% of the population of the municipality, whichever is greater.

Off-street parking is provided in an amount equal to the sum of one space per two resident persons, other than staff, plus one per staff member on duty or resident during the maximum shift.

Off-street parking for more than three vehicles shall be located in the rear yard and adequately screened from adjacent residential uses to prevent headlight glare.

An on-site parking area shall be provided with a minimum of one space per limousine and taxicab associated with the business.

Maintenance and repair of all limousines and taxicabs shall not take place on the site of the limousine service and taxicab service businesses unless. done indoors and unless the site has been approved as a motor vehicle repair garage use.

The structure housing the nightclub shall be adequately soundproofed so that interior noise is not audible beyond the property line with the doors closed. A vestibule may be required by the review authority to mitigate noise impacts.

Security provisions requiring a private licensed and bonded security company and the presence of at least one security guard at each public entrance to admit patrons and monitor exterior areas while facility is open. Security personnel shall be registered under the Security Officer Registration Act (SORA).

Any nightclub use shall be a minimum of 100 feet away from any residential use in a residential zone district. Said distance to a residential use in a residential zone district shall be measured from the nearest point of the perimeter of the entire tenant space containing the nightclub use, to the nearest property line of the residential use in a residential zone district.

Nightclub uses shall be contained entirely indoors.

Nightclub uses shall not be permitted within the same building or on the same property as any residential use.

Provisions shall be provided for smoking areas, outside gathering areas, and queuing lines that do not block public sidewalks, driveways, or surrounding businesses doorways.

Provisions shall be provided to allow queuing patrons to gain access to restrooms.

Each nightclub shall have at least two separate restrooms, one male and one female, with a minimum of one water closet in each. The total number of water closets/urinals shall be in accordance with the following:

Provide and properly maintain solid waste receptacles and recycling bins, in sufficient numbers and locations to service the needs of the proposed use at peak business periods, as approved by the Municipal Recycling Coordinator.

The business operator shall be responsible for cleaning the sidewalk within 50 feet of horizontal distance from the premises during the hours of operation to maintain the sidewalk free of garbage, cigarette butts or other debris. The business operator shall also arrange for litter removal from the property frontage, including sidewalks and street gutters after close of business. Public and private sidewalks along the entire lot frontage of the business shall be pressure washed on a semiannual basis at the expense of the business.

Loitering or congregations of individuals in the parking lot or other exterior portions of the premises, shall be prohibited. All entrance and exit doors shall be closed at all times of operation, except when patrons, employees or other persons are actually entering or exiting the establishment.

The site plan shall include a detailed and dimensioned floor plan depicting live entertainment area(s), dance floor(s), bar(s) with seating, tables, chairs, restrooms and facilities, vestibules, ingress and egress doors, security guard station(s), occupancy load calculations and restroom/water closet calculations.

Evidence of compliance with all conditions shall be detailed and noted on the site plan.

Nightclub uses are permitted as a conditional use only on the north side of the New Jersey Transit railroad tracks.