Lyndhurst City Zoning Code
CHAPTER 1156
Conditional Use Permits
1156.01 GENERAL STATEMENT; INTENT.
In recent years, the characteristics and effects of an ever increasing number of new and unique uses, together with the broadening of numerous conventional uses, have fostered the development of more flexible regulations designed to accommodate these activities in a reasonable and equitable manner, while safeguarding both the property rights of all individuals and the health, safety and general welfare of the community. Toward these ends, it is the intent of this chapter to provide for a more detailed evaluation of each use conditionally permissible in a specific district with respect to such considerations as location, design, size, method(s) of operation, intensity of use, public facilities requirements and traffic generation. Accordingly, conditional use permits shall conform to the procedures and requirements of this chapter of this Zoning Code.
(Ord. 96-61. Passed 4-21-97.)
1156.02 CONTENTS OF CONDITIONAL USE PERMIT APPLICATION.
Any owner, or agent thereof, of property for which a conditional use is proposed shall make an application for a conditional use permit by filing seven copies of the application with the Building Commissioner, who shall then refer it to the Secretary of the City Planning Commission. Such application, at a minimum, shall contain the following information:
(a) The name, address and telephone number of the applicant;
(b) A legal description of the property;
(c) A plat and topographic map of the proposed development area at a scale of not less than fifty feet to the inch, including property lines, the zoning district, easements, street rights of way, topographic contours, existing structures and landscape features;
(d) Preliminary plans of the proposed development, drawn at a scale of not less than fifty feet to the inch and designed in accordance with the planning standards, regulations and criteria established herein, and any applicable plans that may have been adopted by the City which apply to the subject site. The preliminary plan shall include, but not be limited to, the following:
(1) A description of the existing use and the proposed conditional use;
(2) A site plan, showing the proposed location of all structures identified by type, size, height and use, the assignment of all lands subdivided, and the location of all structures within 100 feet of, and directly across the street on, properties adjoining the proposed development;
(3) A circulation plan, indicating the vehicular and pedestrian on-site circulation pattern, including the location and dimensions of proposed driveways, crosswalks and walkways, and the location and arrangement of parking spaces and service facilities;
(4) A landscape plan, indicating landscape treatment, plazas and other landscape features;
(5) Proposed methods and standards for the construction and maintenance of utilities and paved areas;
(6) Any proposed covenants running with the land, deed restrictions or easements proposed to be recorded, and covenants proposed for maintenance;
(7) Schematic floor plans and elevations, schematic plans and designs for all structures and such other information to explain their purposes, appearance, materials and type of construction; and
(8) Such other reasonable information as the City Planning Commission may require;
(e) A narrative statement discussing the compatibility of the proposed use with the existing uses of adjacent properties and with the comprehensive plan, if any, to include an evaluation of the effects on adjoining properties of such elements as traffic circulation, noise, glare, odor, fumes and vibration;
(g) A fee as established by Council.
(Ord. 96-61. Passed 4-21-97.)
1156.03 GENERAL STANDARDS FOR ALL CONDITIONAL USES.
The City Council and the City Planning Commission shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find sufficient evidence showing that such use at the proposed location:
(a) Is in fact a conditional use as established under the district regulations adopted for the zoning district involved;
(b) Will be in accordance with the general objectives, or with any specific objective, of the City's Master Plan and/or this Zoning Code;
(c) Will be designed, constructed, operated and maintained so as to be harmonious with and appropriate in appearance to the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area;
(d) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewers and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any of such services;
(e) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;
(f) Will not be hazardous or disturbing to existing or future neighboring uses;
(g) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any person or property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
(h) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance;
(i) Cannot be satisfactorily located in a nearby less restrictive use district.
(Ord. 96-61. Passed 4-21-97.)
1156.04 PROCEDURES FOR REVIEWING A PERMIT.
(a) Referral for Review and Reports. Upon receipt of an application for a conditional use permit, the Secretary of the City Planning Commission shall deliver one copy each to the Mayor, the Clerk of Council and each member of the City Planning Commission not later than three days before the scheduled meeting of the Planning Commission at which the application for conditional use is to be considered.
(b) Report to Council. Within ninety days after the conditional use permit application has been filed with the Secretary, the Commission shall evaluate the application and shall furnish to Council its report and recommendations with respect thereto. In reviewing the application, the Commission shall determine either that the application fulfills the requirements of the established regulations, standards and criteria which are applicable to the proposal as set forth in this chapter, and any improvement plans recommended or duly approved by the City, or that the application does not fulfill all requirements, and thereafter it shall make a recommendation that the conditional use permit application be approved, disapproved or modified. A copy of the conditional use permit application, together with copies of the report of the Commission, shall be filed with the Clerk of Council for submission to each member of Council.
(c) Action by Council. Council, within sixty days after receipt of such report of the Commission, shall either approve, disapprove or modify the conditional use permit application based on the criteria set forth in this chapter. Council may affirm or disapprove any report of the Planning Commission required by this section. The conditional use permit application and report of the Planning Commission thereon shall be on file in the office of the Clerk of Council during such sixty-day period.
The Commission in recommending, or Council in granting, approval for a conditional use, shall set forth any specific terms or conditions deemed to be necessary to ensure compliance with the intent and standards of this Zoning Code.
(Ord. 96-61. Passed 4-21-97.)
1156.05 BUILDING PERMITS; OCCUPANCY OF PREMISES.
(a) A building permit application for a conditional use shall not be issued unless a conditional use permit has been granted.
(b) Any conditions and standards specified in this Zoning Code for a particular use, as well as any conditions established by Council as terms of its approval, shall be met as a precedent to the occupancy of a building or use for which a conditional use permit is granted. (Ord. 96-61. Passed 4-21-97.)
1156.06 REVOCATION OF PERMITS.
(a) A conditional use permit shall become null and void if construction on the proposed project has not begun within one year after such approval, unless an extension of time is allowed by Council.
(b) Council shall revoke a conditional use permit upon a report and finding of the Building Commissioner that subsequent plans or building operations do not comply with the terms and conditions of the approval.
(c) A conditional use permit shall automatically expire if, for any reason, the conditional use shall cease for two or more consecutive years.
(Ord. 96-61. Passed 4-21-97.)