Englewood Cliffs City Zoning Code
§ 30-8
CONDITIONAL USES.
[Ord. #9306, A VIII; Ord. #9715, §§ 2, 5; Ord. #9801, § 1; Ord. #2006-26]
a.
General Requirements. The regulations of this section 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 Section 30-5. The standards for the conditional uses in each zoning district are set forth below. The procedures for review and approval of conditional uses by the Planning Board are set forth in the Procedures Ordinance of the Borough of Englewood Cliffs and in the Municipal Land Use Law (40:55D-1 et seq.), including requirements for public notice, notice to all property owners within 200 feet of the subject property and public hearing by the Planning Board.
All conditional uses shall require site plan approval by the Planning Board according to the procedures and standards set forth in Section 30-9.
The general standards for review of all conditional uses shall be:
1.
That 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.
That the proposed use shall be reasonably necessary for the convenience of the community;
3.
That the proposed use shall not create a fire, traffic or safety hazard;
4.
That 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 Section 30-10.
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.
b.
Conditional Uses Permitted in B-2 District.
1.
Fraternal organizations.
Minimum lot size | 20,000 square feet |
Minimum lot width | 100 feet |
Minimum lot depth | 100 feet |
Minimum front yard | 20% of lot depth |
Minimum rear yard | 20% of lot depth |
Minimum side yard | 20 feet each side |
Maximum coverage | 33 1/3% |
Maximum building height | 2 stories, 35 feet |
Off-street parking | 1 space for each 50 square feet available to patrons |
In considering such uses, the Planning Board shall consider the effect on adjacent uses in terms of vehicular and other activity, that the proposed use shall be integrated with the surrounding area and with the street pattern thereof. |
2.
Private clubs with social and recreational facilities which are accessory to a permitted use.
(a)
The use shall not have an adverse effect on surrounding properties in terms of traffic congestion, noise and level of activity.
(b)
The use shall not be open to the public on a regular basis and shall be strictly accessory to the permitted use.
3.
Dwelling quarters for the use of a caretaker or watchman employed on the premises in connection with the permitted use.
c.
Conditional Uses Permitted in the B-3 and B-4 Districts.
1.
Eating and drinking establishments.
Minimum lot size | 10,000 square feet |
Minimum lot width | 100 feet |
Minimum lot depth | 100 feet |
Front yard | 20 feet |
Rear yard | 20% of lot depth |
Side yard | 15 feet |
Maximum coverage | 33 1/3% |
Building height | 2 stories, 30 feet |
Off-street parking | 1 space per 3 seats plus 1 space per each employee on the peak shift |
d.
Conditional Uses Permitted in the B-4 District. Banks with drive-in facilities subject to the following conditions:
1.
Minimum lot area - 30,000 square feet.
2.
The site shall support a minimum of four stacking or queuing of at least 20 feet in length for each drive-through lane.
3.
Each drive-through lane shall be a minimum width of 10 feet.
4.
A single lane of at least 10 feet in width shall be provided adjacent to the outermost stacking or queuing lane to allow vehicles not entering the stacking lane to circumvent it.
5.
The drive-through service window shall be provided no closer than 30 feet from the exiting street to provide sufficient sight lines.
6.
Drive-through lanes shall be set back no less than 20 feet from any adjacent property used and/or zoned as a free-standing single-family home.
7.
The drive-through lanes shall be concealed from any adjacent single-family residential property by fencing or landscaping. If landscaped, the criteria of Code subsection 30-7.10 shall apply, unless inconsistent herewith, in which event these provisions shall apply.
e.
Conditional Uses Permitted in All Districts.
1.
Public utility installations - including but not limited to: electrical power stations, telephone vaults, water towers and similar installations.
(a)
The proposed installations shall meet all the requirements of the Board of Public Utilities.
(b)
The proposed installations shall harmonize with the character of the neighborhood in which it is proposed and shall have adequate fencing, safety devices, screening, landscaping, and front, rear and side setbacks to protect adjoining properties.
(c)
Adequate off-street parking shall be provided to serve all employees and service personnel visiting the installation.
(d)
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.
2.
Mobile Cellular Communications Towers (Herein referred to as Towers).
(a)
Upon proper application and hearing, as herein provided, mobile cellular communications towers shall be permitted as a conditional use in the Borough of Englewood Cliffs provided that the following criteria have been met:
(1)
An applicant for a permit to erect a mobile cellular communications antenna shall establish by competent evidence that there exists a need for such facility within the Borough and at the proposed location for which the approval is sought. Such evidence shall include, but not be limited to the following:
[a]
An identification of the cellular network layout and coverage areas to be serviced by the proposed tower and an explanation as to why existing facilities are inadequate to provide service.
[b]
Why the proposed site is suitable for such use. Evidence to be presented on this issue shall include a radio frequency engineering analysis of the potential suitability or nonsuitability of existing buildings or structures for such commercial antenna, which engineering analysis shall be subject to review by the Borough Planner and Borough Engineer and any consultant called upon by the Planning Board to make such a determination.
(2)
Provided that the above stated conditions have been met, a mobile cellular communications antenna may be erected or affixed to an existing building or structure as long as it meets the following requirements:
[a]
Any such tower or antenna attached or erected to an existing building shall be considered a principal structure unless directly related to the business of the owner or tenants of said building.
[b]
Any such tower or antenna shall not exceed above or beyond the maximum allowable height of any such building or structure as established in the borough zoning ordinance by more than 10 feet or 10% of the maximum building height whichever number is lower in the district for a principal use or structure pursuant to N.J.S.A. 40:55D-70(d)(6).
[c]
Any such antenna or tower shall be securely fixed to the building or structure for which it proposed.
[d]
Any such mobile cellular communications tower or antenna shall be suitably finished or painted in a manner so as to minimize any obtrusive characteristics of their visual impact. When practicable, the color of paint or finishing materials shall be consistent and not contrasting with the color of materials of the building upon which it is erected or affixed.
[e]
When one or more antennas are affixed to a roof on an existing building, they shall not, in the aggregate exceed 5% of the square footage of the roof top area.
