Eagleswood City Zoning Code
ARTICLE IV
Conditional Uses
§ 295-31 Guiding principles and general provisions.
[Amended 9-8-1987 by Ord. No. 12-87]
Recognizing that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Township of Eagleswood and, at the same time, appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the Land Use Board with a guide for reviewing applications for conditional uses as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the Land Use Board during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the Land Use Board shall be guided by the following standards and principles:
A.
The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
B.
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the following:
(1)
The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.
(2)
The potential effect that the proposed use(s) and/or structure(s) will have upon property values.
(3)
The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.
(4)
The need for such facility or use(s) to serve the area in which it is to be located.
(5)
The adequacy of proposed drainage facilities which will serve the use(s) and/or structure(s).
(6)
The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
(7)
The adequacy of proposed outdoor lighting.
C.
All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this chapter.
D.
Conditional uses shall adhere to the additional standards specified for the particular use under this article except where no additional standards are specified herein.
E.
No use specified within this article shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.
§ 295-32 Conditional uses.
[Amended 9-8-1987 by Ord. No. 12-87]
A.
Home professional offices. Home professional offices may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
(1)
Not more than one professional and one professional only, without associates or partners, may utilize the office, except that one additional professional may be permitted, provided that both professionals are members of the same immediate family, which includes parents, children and spouses only.
(2)
Not more than two persons may be employed as office personnel.
(3)
The portion of the dwelling devoted to professional office use shall not exceed 30% of the total floor area of the dwelling.
B.
Home occupation. Home occupation may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
(1)
There shall be no more than two employees other than the bona fide residents of the dwelling.
(2)
The portion of the dwelling utilized for the home occupation shall not exceed 50% of the first floor area of the dwelling.
(3)
The occupation shall be conducted entirely within the dwelling or within an accessory building or buildings.
(4)
No sounds shall be audible outside the building.
§ 295-33 Procedure.
A.
Application. Each application for a conditional use permit shall be made to the Land Use Board. The Land Use Board shall promptly proceed to determine the effect the approval of the application would have upon the comprehensive planning of the Township and make its decision within 95 days.
B.
Each application shall be accompanied by preliminary site plans which show detailed location of proposed buildings, off-street parking facilities, storm drainage flow and construction and sanitary facilities. Also, such plans shall indicate adjoining property and adjacent streets, with proposals for traffic flow and street connections or proposed street extensions. The plan shall also indicate the gross area of the plot, number of units, number of parking stalls to be provided and, where applicable, docking facilities and such other details as are required under special use categories hereafter set forth. A separate location map shall also be submitted, showing existing land uses, buildings and zoning on the property and within 200 feet of said property.
C.
Hearing and notification. Prior to action upon a request for conditional use permit, the Land Use Board shall schedule a hearing in respect thereto. The applicant shall serve notice on all property owners within 200 feet of the extreme limits of the property affected by the application and shall, at least 10 days prior to said hearing date, give personal notice to those affected property owners who are residents of the municipality in which the property is located by handing a copy thereof to the property owners or by leaving a copy thereof at their usual places of abode. Whenever the property owners are nonresidents of said municipality, such notice shall be given by serving written notice by registered mail to the last known address as shown by the most recent tax list of said municipality. Such notice shall state the location of the building or lot, the general nature of the questions involved, the reason or reasons for the application, what provisions of this chapter will apply and the time and place of the hearing. The applicant shall otherwise comply with all rules and regulations adopted by the Land Use Board and the laws of the State of New Jersey.