Glen Gardner City Zoning Code
ARTICLE X
Conditional Uses
§ 104-64 Applicability.
A.
Before any authorization shall be issued for a conditional use as herein permitted, application shall be made to the Planning Board or the Zoning Board of Adjustment as appropriate.
B.
The Planning Board has the power to grant approval for conditional uses meeting the specifications and standards for such uses as set forth in this chapter. The applicant is required to affirmatively state that all applicable conditional uses are met. No variances to deviate from the standards and specifications of a conditional use shall be granted by the Planning Board. In such cases, the Board of Adjustment is empowered to act in accordance with N.J.S.A. 40:55D-70d(3) of the Municipal Land Use Law.
§ 104-65 Application requirements.
Application for conditional uses shall be governed by the following:
A.
The applicant shall make a written request for a conditional use permit to the Planning Board affirmatively stating that all applicable conditions are met.
B.
The application shall be accompanied by a site plan and other materials describing the use of development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's request. Information required by this chapter shall accompany the application.
C.
Fees. The applicant for any hearing on a conditional use request before the Planning Board shall at the time of making application pay to the administrative officer a fee in accordance with a fee schedule adopted by the Borough Council.
§ 104-66 Time period of action.
The Planning Board shall hold a hearing and act on the application no later than 95 days after the date of submission of a complete application to the administrative officer unless the applicant requests or consents to an extension of time. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application.
§ 104-67 Simultaneous review.
A.
Where an applicant requires subdivision or site plan approval, the applicant may file applications simultaneously for both the subdivision and/or site plan review and the conditional use permit, in which event the municipality shall review the applications simultaneously.
B.
The time period for action of all requested approvals shall be 95 days.
§ 104-68 Review procedures.
The Planning Board shall conduct a public hearing on all conditional use permits and make decisions in accordance with the following:
A.
All conditional uses must meet the requirements of this chapter.
B.
The conditional use is found not to impair substantially the use and enjoyment of surrounding properties, not to impair substantially the character of the surrounding area and not to have any substantial adverse effect on surrounding properties.
C.
The conditional use is found not to affect adversely the plans for the physical development of the Borough as embodied in this chapter and in the Comprehensive Master Plan.
D.
The conditional use shall be of such appropriate size and so located and laid out with respect to access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the character of the general neighborhood.
§ 104-69 Special considerations.
A.
Residential conversions. Within all applicable districts where the use residential conversion is permitted, the use of an existing building for apartment units or boarding facilities shall be permitted, subject to the following:
(1)
Applications shall be filed with the Planning Board Secretary and be forwarded by the Secretary to the Planning Board.
(2)
The application shall consist of a written request and the following information:
(a)
Four photographs of the house, one showing each side of the building;
(b)
A sketch plan of the lot showing the width and depth of the lot, size and location of all structures, including any accessory buildings such as garages and storage sheds, wells and septic systems;
(c)
A statement indicating the proposed number of dwelling units and occupancy capacity, the room size of each, type of unit, the total building floor area per occupant and open yard space area per occupant; and
(d)
A sketch plan of each floor in which dwelling units will be located, showing the dimensions of each dwelling unit.
B.
General conditions for applicable uses in PRO, CO, MU and I/OR Districts. Within the PRO Professional Office, CO Commercial Office, MU Mixed Use and I/OR Industrial/Office Research Districts, the following additional considerations shall apply:
(1)
In conduction with an application for conditional use of all or part of the properties in the above listed districts, the owners shall submit to the Planning Board plans indicating the proposed parceling, interior roadways, access points, general location of parking areas and bulk and type of industrial structures conceived for ultimate development. This shall be considered a Master Plan, and all subsequent sale, lease, covenant and development shall be in accordance with the conditional use provisions herein and shall meet the spirit and intent of the Master Plan with reasonable alterations permitted where such alterations improve site development, internal traffic circulation, traffic access to arterial roads and general design.
(2)
Any parcel or parcels for which subdivision and site plan application is made may be in single ownership or joint ownership. Applications may be filed by the owner or owners and shall be capable of an integrated design of a complete industrial complex or element thereof within their boundary and shall be in conformance with the Master Plan as defined above.
(3)
The applicant shall submit proof to the effect that any and all nonconforming uses located on the property to be reviewed shall cease their operations and their structures be removed prior to the commencement of site preparation and construction, in the event that his or her application is approved, provided that such structure is not of historical significance. In such a case, the historic structure shall be retained, when feasible, in accordance with Article XXV, Historic Preservation, of this chapter.
C.
Environmental impact statements. The Planning Board may require that an environmental impact statement, in a form to be determined by the Board, be submitted as part of conditional use applications.
D.
General conditions for E9 and E12 conditional uses in the VR Zone:
[Added 4-17-2001 by Ord. No. 2001-4]
E.
General conditions for B-15 age-restricted housing in the CO Zone:
[Added 4-17-2001 by Ord. No. 2001-4]
(1)
Minimum tract size of five acres.
(2)
Maximum density of 12 units per gross acre.
(3)
Community well and sewer service or public water and on-site community sewer service.
(4)
Conformance to bulk standards of § 104-14C, Table of Area and Dimensional Regulations for Garden Apartment Use.
(5)
Maximum impervious coverage of .70.
(6)
Maximum building height of 45 feet.