Lyndhurst City Zoning Code
§ 21-5.1
Conditional Uses.
[Ord. No. 2067]
a.
In accordance with N.J.S.A. 40:55D-67, the planning board may on application, and after public notice and hearing, authorize the issuance of conditional uses, for any of the conditional uses which this chapter allows, in the district in which such use is proposed to be located. In authorizing the issuance of conditional uses, the board shall take into consideration the public health, safety and welfare and shall prescribe appropriate conditions and safeguards to insure the accomplishment of the following objectives:
1.
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
2.
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
b.
Before approval of a conditional use in any district, the planning board shall find the following:
1.
That there is no adverse impact upon traffic and circulation.
2.
That there is no undue impact upon the enjoyment of proximate land use.
3.
That there is no undue impact of conditional use activities upon real estate values of proximate properties.
4.
That there is no adverse impact of conditional use activities upon utility systems.
c.
In case of any use located in, or directly adjacent to, a Residential District, the planning board shall find, in addition to the above, that:
1.
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with, the residential district or conflict with the normal traffic of the neighborhood; and
2.
The location and height of buildings; the location, the nature and height of walls and fences; and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.