Linden City Zoning Code
§ 31-19.17
Institutional Uses, Including But Not Limited to Private, Non-Profit and Public Schools; Hospitals; Places of Worship; and Federal, State and County Government Buildings.
[Ord. No. 60-1 § 3; Ord. No. 61-47; Ord. No. 61-53]
The construction or alteration of an institutional use identified above shall not take place unless the following minimum standards are met:
a.
Public and Private Schools. Public schools covering any or all grades pre-kindergarten through grade 12 and full-time private schools covering any or all grades pre-kindergarten through grade 12 that are operated by charitable, religious or eleemosynary organizations to satisfy State mandated educational requirements, where permitted as a conditional use provided said conditional use shall meet all of the following requirements:
1.
Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Board, the following:
(a)
The organization is or will be a bonafide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.
(b)
The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
(c)
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
(1)
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside a building or structure. Such activities shall only be permitted outside of a building or structure under the authority of a special license granted by the City Council of the City of Linden, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This paragraph shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fundraising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.
(2)
The sale of items, products or materials required for the educational programs or welfare of the students, or accessory to and having a relation to the activities conducted on the premises, such as, but not limited to, books, art materials and school supplies, or tickets for student activities, or other school related events, or food for school lunches, are permitted on a continuous basis, provided such sales are conducted inside the building or structure.
2.
Minimum Lot Size. The lot or site on which the proposed use is to be located shall have a minimum area of ninety thousand (90,000) square feet and the lot or site shall have a minimum street frontage of two hundred twenty-five (225) feet.
3.
Impervious Coverage. The coverage of the lot by buildings and structures will not exceed fifteen (15%) percent, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements, shall not exceed forty (40%) percent of the total area of the lot.
4.
Setbacks. Any building or structure shall be set back from the front street line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or shall conform to the front yard setback requirements of the zone in which it is located, whichever is greater.
Any building or structure shall be set back from the side property lines a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or forty (40) feet, whichever is greater.
Any building or structure shall be set back from the rear property line, a distance not less than two (2) feet of setback for each one (1) foot of building or structure height or fifty (50) feet, whichever is greater.
6.
Exclusions. This subsection is not intended to apply to part time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism or Hebrew schools, adult education, or the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations, but is intended to apply to educational institutions, whether or not operated in conjunction with religious organizations, churches, or places of worship, or chartered membership organizations which are operated on a full time basis, which offer general academic instruction or training in a skill, trade or vocation, and which are intended to fulfill State mandated educational requirements.
b.
Federal, State and County Buildings. Federal, State and County buildings and uses may be permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:
1.
Proof of Need. Proof shall be furnished that the proposed installation in the specific location is necessary for the efficiency of the public utility system and to the satisfactory and convenient provision of service to the neighborhood in which the facility is to be located.
2.
Building Design. The design of any building or structure required for such use shall conform to the general character of the area in which the facility is to be located.
3.
Fencing. Adequate fencing and landscaping shall be provided, maintained and replaced as required.
4.
Site Requirements. The lot on which the facility is to be located shall be sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility so that the total coverage of the lot by all buildings, sidewalks, parking areas, driveways, or other improvements, does not exceed fifty (50%) percent of the total area. Parking space shall not be located within the front yard area, not within twenty-five (25) feet of a property line, and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required, to preclude to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude to the maximum extent possible, the view of the parking area from a public street.
5.
Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located or a distance equal to the height of the building, whichever is greater.
Any building or structure shall be set back from the side property lines a distance not less than the height of the structure, or twenty-five (25) feet, whichever is greater.
Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet whichever is greater.
c.
Churches. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract are permitted as a conditional use. Said conditional uses shall be permitted provided the following requirements are met:
1.
Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board, the following:
(a)
The organization is or will be a bona fide nonprofit religious group organized primarily for the benefit of its membership, and such other activities normally carried on by religious groups.
(b)
The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
(c)
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
(1)
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the City Council of the City of Linden, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This paragraph shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fundraising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee; and,
(2)
(Reserved)
(3)
Sale of religious articles, or items having a relation to the cultural or ethnic background of the members of the faith are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.
2.
Minimum Lot Size. The lot on which the proposed use is to be located shall have a minimum area of seventy-five thousand (75,000) square feet, and shall have a minimum street frontage of two hundred twenty-five (225) feet.
3.
Impervious Coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, and other improvements, shall not exceed fifty (50%) percent of the total lot area.
4.
Setbacks. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.
Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or twenty-five (25) feet, whichever is greater. Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or fifty (50) feet, whichever is greater.
6.
Exclusion. It is not intended that part time schools which are conducted as an adjunct or supplement to the religious 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, be classified as a mixed use as defined herein for the premises on which they are conducted.