The Planning Board may grant conditional uses as permitted and regulated in this section, recognizing the necessity for certain specific, while at the same time appreciating the fact that they may be or may become adverse 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.

These standards are intended to provide the Planning Board with a guide for the purpose of reviewing applications for conditional use 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 purposes 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 shall 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.

The application 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 shall be provided.

Ingress to and egress from the facility is such that the safety of the children is protected.

Adequate provision is made to accommodate the loading and unloading of children.

The building is appropriately designed and provides adequate fenced yard space developed for recreational purposes.

There are no other nonresidential uses carried on in the building.

The nursery school shall comply with all state requirements for such use.

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

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

The office is, in fact, the office of the resident of the dwelling.

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.

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 is to be suitably shielded from adjacent properties by means of appropriate landscaping and/or fencing.

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

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

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

Such use shall occupy an area equivalent to not over 50% 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 will not generate traffic or parking requirements which cannot be accommodated in the neighborhood.

Such use does not involve the use of any machinery or equipment which will cause electrical or other interference with radio and television reception in adjacent residences or which will cause offensive noise or vibration.

No permitted home occupation may be conducted with members of the public later than 10:00 p.m.

Such as, when taken in conjunction with other existing land uses, will not generate traffic that would result in an undue burden upon available access streets.

Such as, if located in a residential zone, shall only be located in a single-family dwelling.

A statement setting forth full particulars of the operation of the use and 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 to be located.

The design of any structure erected in connection with such use is 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 size of the building and the amount of land available for off-street parking. 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 one space for each 200 square feet of floor area, plus additional spaces determined by the Board, based upon anticipated usage. Such off-street parking area shall be suitably screened from adjoining residentially zoned lots by appropriate landscaping and/or fencing.

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 is to be suitably shielded from adjacent residential properties by means of appropriate landscaping and/or fencing.

The maximum number of occupants shall be fixed at the time of application and shall be commensurate with the amount of land to be used and the square footage of the house. No further expansion of said occupancy limit shall be made unless supplemental approval is granted by the Planning Board.

In order that the health and safety of the occupants not be endangered by heavy traffic volumes, such use shall not be located on any street other than those classified as local streets in the Master Plan of the Borough of Dunellen.

Ingress to and egress from the building is such that the safety of the occupants is protected to the satisfaction of the Planning Board.

Sufficient off-street parking area is provided for the pickup and discharge of occupants by vans or other vehicles servicing the handicapped.

Such use shall not have an entrance or exit on the same side of the street within 200 feet of an entrance or exit to a public or private school, garage or service station, theater, rescue squad, or fire station, except where and when the property is in another block or on another street which the lot in question does not abut.

No such use shall be located within 1,500 feet of an existing community residence for the mentally or physically handicapped.

Minimum lot size shall be 75-foot frontage with 10-foot side yard requirements and a minimum lot square footage of 12,000 square feet.

There shall be a maximum density of 12 units per acre.

Parking shall be in accordance with RSI Standards.

There shall be a minimum of 75% two-bedroom units.

Exclusive residential development shall be prohibited.

Mixed use (combined residential/commercial/professional use).

It shall not be located within 1,000 feet of a residential unit.

It shall not be located within 1,000 feet of a railroad line so as to reduce its potentiality as a target for disruption of rail service.

Lot size shall be sufficient to accommodate supply tank refills without disruption/reduction of filling service to customers, and to allow access and egress of supply tank vehicles without the need to reverse the vehicle's direction.

Vehicles refilling supply tanks shall not cross lot lines while off-loading.

No convenience store or selling of consumable products exists on the lot.

No automobile repair and/or bodywork is performed on site.

Pump islands shall maintain a front and side yard setback of at least 20 feet and a rear yard setback of at least 25 feet.

Lot is not located adjacent to an intersection so as to reduce its potentiality as a generator of traffic congestion or blockage in the event of a catastrophic incident.