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Linden City Zoning Code

§ 31-19

SUPPLEMENTARY USE REGULATIONS TO SUPPLEMENTARY OR CONDITIONAL USE REGULATIONS.

[1979 Code § 22-4.3; Ord. No. 20-163; Ord. No. 25-7; Ord. No. 25-24; Ord. No. 25-35; Ord. No. 29-47; Ord. No. 60-1 § 3; Ord. No. 61-47; Ord. No. 61-53]
Wherein certain uses exist or may be reasonably expected to exist in the future and wherein the uses possess distinguishing features and/or associate activities supplementary use standards are necessary to ensure that continued development and operation of such uses furthers the comprehensive planning objectives and therefore certain supplementary development standards are hereafter established.
a. 
When uses identified in Section 31-4.1 District Regulations identify a land use as a principal permitted use these requirements shall serve as additional requirements for said use and when a land use is identified as a conditional use, these requirements shall serve as conditional use requirements as regulated by Sections 40:55D-67, 40:55D-70 and 40:55D-76 of the Municipal Land Use Law as may be amended from time to time. Variances associated with conditional use requirements may only be granted by the Zoning Board of Adjustment.
b. 
General Provisions for Conditional Uses.
1. 
More Than Two Conditional Uses on a Lot. Whenever an application for a conditional use is made to the Board which in the opinion of the Board involves or could reasonably be anticipated to involve more than one (1) of the conditional uses as herein permitted and regulated, the Board shall apply the conditions and standards for the use and location which will result in the largest lot size, the smallest lot coverage by the building and, in total, the largest front, side, and rear yard setbacks, the largest buffer, the greatest number of parking spaces and the largest lot frontage.
2. 
Mixed Use of Conditional Use and Nonconditional Use on the Same Lot. A combination of conditional uses and other uses shall be permitted on the same lot in a particular zoning district only on the condition that:
(a) 
Both the conditional use and the other use are permitted in that district by this chapter.
(b) 
Each such use considered separately meets the requirements for the use proposed provided in this chapter for that zone.
3. 
Part Time Schools Not a Mixed Use. It is not intended that part time schools which are conducted as an adjunct or supplement to the activities of a church, religious organization, or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, create a mixed use as defined herein for the premises on which they are conducted.
4. 
Findings of Fact for Conditional Uses. The Planning Board shall not grant an approval for a conditional use unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it that support the conclusion that:
(a) 
The proposed conditional use complies with all the applicable regulations of this chapter.
(b) 
The proposed use at the specified location will not impair the general welfare of the community.
(c) 
The location and size of the conditional use and the nature and intensity of the operation will not dominate the immediate neighborhood. In determining the foregoing, consideration shall be given to the adequacy of:
(1) 
The location, nature and height of structures, walls, and fences on the site.
(2) 
The nature and extent of landscaping and screening on the site.
(3) 
The safety and convenience of vehicular and pedestrian access and circulation to and within the site.
(4) 
Anticipated volumes and destinations of traffic generated by the proposed use.
(5) 
The number of proposed principal and/or accessory uses of the property and the resulting intensity of development.
(6) 
The proposed conditional use is needed by the residents of the City of Linden and/or the State of New Jersey, for their convenience or general welfare and that this need cannot be reasonably satisfied by any other means.
(7) 
That the hours of use are fixed in a manner in which the property rights of nearby property owners will not be adversely affected.
Where a conditional use is part of a mixed use development, the conditions of the conditional use shall be applied to that portion of the development related to the conditional use.