Mountainside City Zoning Code

1004 Conditional

Use

Uses Permitted. Pursuant to P.L. 1975, Chapter 291 and amendments thereto, the Planning Board may grant conditional uses as herein permitted and regulated. Said conditional uses shall be limited to:
1. Institutional Use as defined in Section 230,
2. Municipal Uses as defined in Section 239,
3. Public warehousing and self-storage facilities,
4. Community residences for the developmentally disabled and community shelters for victims of domestic violence. As used in this Ordinance, "community residence for the developmentally disabled" means any community residential facility licensed pursuant to P.L. 1977, Chapter 448 and amendments thereto, providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this Ordinance, "developmentally disabled person" means a person who is developmentally disabled as defined in section 2 of P.L. 1977, Chapter 448, and amendments thereto, and "mentally ill person" means a person who is afflicted with a mental illness as defined in section 2 of P.L. 1987, Chapter 116 and amendments thereto, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge. "Community shelter for victims of domestic violence" means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979 Chapter 337, and amendments thereto, providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
Applications For Conditional Uses. Application for a permitted conditional use shall be made in accordance with procedures set forth in Article 9 of this Ordinance and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Borough, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. In reviewing an application for a conditional use, the Board shall give reasonable consideration to:
1. Character of the neighborhood.
2. Conservation of property values.
3. Health and safety of residents and workers on adjacent properties in the surrounding neighborhood.
4. Potential congestion of vehicle traffic or creation of undue hazard.
5. Pedestrian safety.
6. Effect on the use and enjoyment of adjacent properties.
7. The nature and intensity of the use.
8. Adequacy of utility, drainage and other facilities.
9. Stated principles and objectives of this Ordinance and the Master Plan of the Borough.
General Provisions For Conditional Uses. In reviewing an application for any conditional use as herein provided, the Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangements of entrances and exits to assure public safety. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located. Conditional use requirements for the following permitted conditional uses shall be as set forth in subsections (d), (e), (f), (g), and (h) below.
Churches As A Conditional Use. Churches and similar places of worship together with rectories or parish houses or convents of religious groups on the same tract, are permitted as a conditional use in all zoning districts 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 by laws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board, the following:
  1. The organization is or will be a bona fide non profit religious group organized primarily for the benefit of its membership, and such other activities normally carried on by religious groups.
  2. The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
  3. 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 premises may be made available on a rental basis for meetings of other groups, private social functions and the like,
    2. 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 Governing Body of the Borough, 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 fund raising activities, even though a portion of the funds raised is taken by such profit making organization as a fee, and
    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 of 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 75,000 square feet, and shall have a minimum street frontage of 225 feet.
3. Lot Coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements, shall not exceed 50 per cent of the total lot area.
4. Front Yard. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.
5. Side and Rear Yard. Any building or structure shall be setback from the side property lines a distance not less than the height of the structure or 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 50 feet, whichever is greater.
6. 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, create a mixed use as defined herein for the premises on which they are conducted.
Public And Private Schools As A Conditional Use. Public schools covering any or all grades prekindergarten through grade 12, and full time private schools covering any or all grades prekindergarten through grade 12, operated by religious or non profit organizations, which are not conducted for the purpose of pecuniary profit and which are intended to satisfy state mandated educational requirements, are permitted as a conditional use in all zoning districts, 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 by laws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board, the following:
  1. The organization is or will be a nonprofit school organized for educational purposes and such other activities normally carried on by such schools and not for pecuniary profit.
  2. The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
  3. 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 premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
    2. 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 Governing Body of the Borough, 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
    3. Sale of items, products or materials required of 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, 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 a building or structure.
2. Minimum Lot Size. The lot on which the proposed use is to be located shall have a minimum area of ninety thousand (90,000) square feet, plus an additional forty five thousand (45,000) square feet for every one hundred (100) pupils or portion thereof of maximum capacity, and the lot shall have a minimum street frontage of two hundred twenty five (225) feet.
3. Lot Coverage. The coverage of the lot by buildings and structures will not exceed fifteen (15) per cent, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements, shall not exceed forty (40) per cent of the total area of the lot.
4. Front Yard. 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.
5. Side And Rear Yard. 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 (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. Off-Street Parking. Off-street parking shall be provided at the rate of one (1) parking space for each four hundred (400) square feet of floor area in the school building and any appurtenant structures on the same lot for schools containing grades under the tenth (10th) grade. For schools containing grades tenth (10th) and/or eleventh (11th) and/or twelfth (12th), off-street parking shall be provided at the rate of one (1) space for each two hundred (200) square feet of floor area in the school building and any appurtenant structures on the same lot. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking in a public street during the course of normal educational programs. Such parking area shall not be located within the front yard area nor within twenty-five (25) feet of a property line and shall otherwise comply with all general requirements of Section 914(b) concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height, and maintained or 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, view of the parking area from a public street.
7. 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 of vocation, and which are intended to fulfill state mandated educational requirements.
Municipal Uses. Municipal buildings and uses, other than parks, are permitted as a conditional use in all zones provided said conditional use shall meet all of the following requirements:
1. Lot Coverage. The lot coverage by buildings or structures shall not exceed twenty five (25) per cent.
2. Off-Street Parking. Sufficient off-street parking area shall be provided to ensure that the use will not cause parking in a public street during the course of normal activities.
3. Screening. Landscape plantings shall be provided in sufficient quantity, location and height 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 view of the parking area from any public street.
Community Residences For The Developmentally Disabled And Community Shelters For Victims Of Domestic Violence As A Conditional Use. Community residences for the developmentally disabled and community shelter for victims of domestic violence housing more than six persons excluding resultant staff are permitted as a conditional use in all residential zoning districts provided said conditional use shall meet all of the following requirements in addition to all requirements for a single family residence within such zoning districts:
1. License Or Certificate. The application shall be accompanied by a copy of the applicant's license issued pursuant to P.L. 1977, Chapter 448, and amendments thereto, in the case that application is for a community residence for the developmentally disabled or by a copy of the applicant's certification and purchase of service contract issued pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, Chapter 337, and amendments thereto, in the case the application is for a community shelter for victims of domestic violence;
2. Off-Street Parking. Off-street parking shall be provided at the rate of one parking space for each 200 square feet of floor area in the building for community residences for the developmentally disabled and at the rate of one parking space for each 150 square feet of floor area in the building for community shelters for victims of domestic violence. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking in a public street during the course of normal operations of the use. Such parking area shall not be located within the front yard area nor within twenty five (25) feet of a property line and shall otherwise comply with all general requirements of Section 914 (b) concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height, and maintained or 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, view of the parking area from a public street.
3. Location Within 1500 Feet Of Existing Residence Or Shelter. No proposed community residence for the developmentally disabled or community shelter for victims of domestic violence shall be permitted on a lot which is within 1500 feet of the lot on which is located an existing such residence or shelter.
4. Sufficient Existing Residences Or Shelters. No proposed community residence for the developmentally disabled or community shelter for victims of domestic violence shall be permitted if the number of persons, other than residential staff, resident at existing such residences or shelters within the Borough exceeds 50 persons, or 0.5% of the population of the Borough, whichever is greater.
Public Warehousing And Self-Storage Facilities As A Conditional Use. Public warehousing and self-storage facilities are permitted as a conditional use in the L-I Zone, provided said conditional use shall meet all of the following requirements:
1. Height. No building shall exceed a maximum of two (2) stories or twenty-five (25) feet in height, whichever is the lesser.
2. Front Yard. There shall be a front yard of not less than fifty (50) feet.
3. Side Yard. There shall be a side yard on each side of the principal building of not less than fifteen (15) feet. Off-street parking as required in Section 914(b) is permitted in the side yard, outside the required buffer area.
4. Minimum Rear Yard. There shall be a rear yard of not less than thirty (30) feet. Off-street parking as required in Section 914(b) is permitted in the rear yard, outside the required buffer area.
5. Minimum Lot Area. Each lot shall have a minimum lot area of twenty-six thousand (26,000) square feet, with a minimum lot width of one hundred twenty-five (125) feet; provided, however, the minimum lot width on Route 22 shall be two hundred (200) feet.
6. Maximum and Minimum Building Size. The maximum building ground projection area for all buildings on a lot shall not exceed twenty-five percent (25%) of the lot area; provided, however, the principal building shall contain a minimum ground floor area of not less than four thousand (4,000) square feet.
7. Maximum Lot Coverage. Lot coverage shall not exceed fifty percent (50%) of the lot area.
8. Buffer Area. Wherever a public warehouse or self-storage facility abuts any residential zone, there shall be provided within said lot a buffer strip area of at least thirty (30) feet in width which shall include evergreen shrubbery and a row of twelve (12) foot shade trees planted not more than fifteen (15) feet apart, and a six (6) foot woven cedar fence, or other screening fence as approved by the Planning Board, to prevent visibility. The finished side of the fence shall face the residential zone, and such fence shall be situated within the buffer area near the common boundary line. This buffer area shall be used for no other purpose than as above regulated.
9. Parking. There shall be one off-street parking space for every fifty (50) storage units.
10. Security and Alarm Systems. Security and alarm systems as required by the Mountainside Police Department and Fire Department shall be installed and operational at all times at the premises.
11. Video Surveillance. There shall be continuous 24-hour, seven days a week, video surveillance of all exterior and interior areas of the premises.
12. Location Within One-half Mile of Existing Public Warehouse or Self-Storage Facility. No proposed public warehouse or self-storage facility shall be permitted on a lot which is within a one-half (1/2) mile radius of a lot on which is located an existing or proposed public warehouse or self-storage facility.
13. Residential Uses Prohibited. There shall be no short-term or long-term residential use of the premises.
14. Activities Other Than Public Warehousing and Self-Storage Service Prohibited. There shall be no activity or use, including but not limited to auctions, retail sales, garage sales, flea markets, serving or fabrication activities, and operation of power tools, permitted on the premises except the provision of public warehousing and self-storage services on the premises.

Mountainside City Zoning Code

1004 Conditional

Use

Uses Permitted. Pursuant to P.L. 1975, Chapter 291 and amendments thereto, the Planning Board may grant conditional uses as herein permitted and regulated. Said conditional uses shall be limited to:
1. Institutional Use as defined in Section 230,
2. Municipal Uses as defined in Section 239,
3. Public warehousing and self-storage facilities,
4. Community residences for the developmentally disabled and community shelters for victims of domestic violence. As used in this Ordinance, "community residence for the developmentally disabled" means any community residential facility licensed pursuant to P.L. 1977, Chapter 448 and amendments thereto, providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this Ordinance, "developmentally disabled person" means a person who is developmentally disabled as defined in section 2 of P.L. 1977, Chapter 448, and amendments thereto, and "mentally ill person" means a person who is afflicted with a mental illness as defined in section 2 of P.L. 1987, Chapter 116 and amendments thereto, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge. "Community shelter for victims of domestic violence" means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979 Chapter 337, and amendments thereto, providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
Applications For Conditional Uses. Application for a permitted conditional use shall be made in accordance with procedures set forth in Article 9 of this Ordinance and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Borough, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. In reviewing an application for a conditional use, the Board shall give reasonable consideration to:
1. Character of the neighborhood.
2. Conservation of property values.
3. Health and safety of residents and workers on adjacent properties in the surrounding neighborhood.
4. Potential congestion of vehicle traffic or creation of undue hazard.
5. Pedestrian safety.
6. Effect on the use and enjoyment of adjacent properties.
7. The nature and intensity of the use.
8. Adequacy of utility, drainage and other facilities.
9. Stated principles and objectives of this Ordinance and the Master Plan of the Borough.
General Provisions For Conditional Uses. In reviewing an application for any conditional use as herein provided, the Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangements of entrances and exits to assure public safety. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located. Conditional use requirements for the following permitted conditional uses shall be as set forth in subsections (d), (e), (f), (g), and (h) below.
Churches As A Conditional Use. Churches and similar places of worship together with rectories or parish houses or convents of religious groups on the same tract, are permitted as a conditional use in all zoning districts 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 by laws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board, the following:
  1. The organization is or will be a bona fide non profit religious group organized primarily for the benefit of its membership, and such other activities normally carried on by religious groups.
  2. The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
  3. 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 premises may be made available on a rental basis for meetings of other groups, private social functions and the like,
    2. 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 Governing Body of the Borough, 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 fund raising activities, even though a portion of the funds raised is taken by such profit making organization as a fee, and
    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 of 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 75,000 square feet, and shall have a minimum street frontage of 225 feet.
3. Lot Coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements, shall not exceed 50 per cent of the total lot area.
4. Front Yard. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.
5. Side and Rear Yard. Any building or structure shall be setback from the side property lines a distance not less than the height of the structure or 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 50 feet, whichever is greater.
6. 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, create a mixed use as defined herein for the premises on which they are conducted.
Public And Private Schools As A Conditional Use. Public schools covering any or all grades prekindergarten through grade 12, and full time private schools covering any or all grades prekindergarten through grade 12, operated by religious or non profit organizations, which are not conducted for the purpose of pecuniary profit and which are intended to satisfy state mandated educational requirements, are permitted as a conditional use in all zoning districts, 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 by laws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board, the following:
  1. The organization is or will be a nonprofit school organized for educational purposes and such other activities normally carried on by such schools and not for pecuniary profit.
  2. The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
  3. 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 premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
    2. 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 Governing Body of the Borough, 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
    3. Sale of items, products or materials required of 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, 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 a building or structure.
2. Minimum Lot Size. The lot on which the proposed use is to be located shall have a minimum area of ninety thousand (90,000) square feet, plus an additional forty five thousand (45,000) square feet for every one hundred (100) pupils or portion thereof of maximum capacity, and the lot shall have a minimum street frontage of two hundred twenty five (225) feet.
3. Lot Coverage. The coverage of the lot by buildings and structures will not exceed fifteen (15) per cent, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements, shall not exceed forty (40) per cent of the total area of the lot.
4. Front Yard. 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.
5. Side And Rear Yard. 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 (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. Off-Street Parking. Off-street parking shall be provided at the rate of one (1) parking space for each four hundred (400) square feet of floor area in the school building and any appurtenant structures on the same lot for schools containing grades under the tenth (10th) grade. For schools containing grades tenth (10th) and/or eleventh (11th) and/or twelfth (12th), off-street parking shall be provided at the rate of one (1) space for each two hundred (200) square feet of floor area in the school building and any appurtenant structures on the same lot. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking in a public street during the course of normal educational programs. Such parking area shall not be located within the front yard area nor within twenty-five (25) feet of a property line and shall otherwise comply with all general requirements of Section 914(b) concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height, and maintained or 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, view of the parking area from a public street.
7. 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 of vocation, and which are intended to fulfill state mandated educational requirements.
Municipal Uses. Municipal buildings and uses, other than parks, are permitted as a conditional use in all zones provided said conditional use shall meet all of the following requirements:
1. Lot Coverage. The lot coverage by buildings or structures shall not exceed twenty five (25) per cent.
2. Off-Street Parking. Sufficient off-street parking area shall be provided to ensure that the use will not cause parking in a public street during the course of normal activities.
3. Screening. Landscape plantings shall be provided in sufficient quantity, location and height 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 view of the parking area from any public street.
Community Residences For The Developmentally Disabled And Community Shelters For Victims Of Domestic Violence As A Conditional Use. Community residences for the developmentally disabled and community shelter for victims of domestic violence housing more than six persons excluding resultant staff are permitted as a conditional use in all residential zoning districts provided said conditional use shall meet all of the following requirements in addition to all requirements for a single family residence within such zoning districts:
1. License Or Certificate. The application shall be accompanied by a copy of the applicant's license issued pursuant to P.L. 1977, Chapter 448, and amendments thereto, in the case that application is for a community residence for the developmentally disabled or by a copy of the applicant's certification and purchase of service contract issued pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, Chapter 337, and amendments thereto, in the case the application is for a community shelter for victims of domestic violence;
2. Off-Street Parking. Off-street parking shall be provided at the rate of one parking space for each 200 square feet of floor area in the building for community residences for the developmentally disabled and at the rate of one parking space for each 150 square feet of floor area in the building for community shelters for victims of domestic violence. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking in a public street during the course of normal operations of the use. Such parking area shall not be located within the front yard area nor within twenty five (25) feet of a property line and shall otherwise comply with all general requirements of Section 914 (b) concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height, and maintained or 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, view of the parking area from a public street.
3. Location Within 1500 Feet Of Existing Residence Or Shelter. No proposed community residence for the developmentally disabled or community shelter for victims of domestic violence shall be permitted on a lot which is within 1500 feet of the lot on which is located an existing such residence or shelter.
4. Sufficient Existing Residences Or Shelters. No proposed community residence for the developmentally disabled or community shelter for victims of domestic violence shall be permitted if the number of persons, other than residential staff, resident at existing such residences or shelters within the Borough exceeds 50 persons, or 0.5% of the population of the Borough, whichever is greater.
Public Warehousing And Self-Storage Facilities As A Conditional Use. Public warehousing and self-storage facilities are permitted as a conditional use in the L-I Zone, provided said conditional use shall meet all of the following requirements:
1. Height. No building shall exceed a maximum of two (2) stories or twenty-five (25) feet in height, whichever is the lesser.
2. Front Yard. There shall be a front yard of not less than fifty (50) feet.
3. Side Yard. There shall be a side yard on each side of the principal building of not less than fifteen (15) feet. Off-street parking as required in Section 914(b) is permitted in the side yard, outside the required buffer area.
4. Minimum Rear Yard. There shall be a rear yard of not less than thirty (30) feet. Off-street parking as required in Section 914(b) is permitted in the rear yard, outside the required buffer area.
5. Minimum Lot Area. Each lot shall have a minimum lot area of twenty-six thousand (26,000) square feet, with a minimum lot width of one hundred twenty-five (125) feet; provided, however, the minimum lot width on Route 22 shall be two hundred (200) feet.
6. Maximum and Minimum Building Size. The maximum building ground projection area for all buildings on a lot shall not exceed twenty-five percent (25%) of the lot area; provided, however, the principal building shall contain a minimum ground floor area of not less than four thousand (4,000) square feet.
7. Maximum Lot Coverage. Lot coverage shall not exceed fifty percent (50%) of the lot area.
8. Buffer Area. Wherever a public warehouse or self-storage facility abuts any residential zone, there shall be provided within said lot a buffer strip area of at least thirty (30) feet in width which shall include evergreen shrubbery and a row of twelve (12) foot shade trees planted not more than fifteen (15) feet apart, and a six (6) foot woven cedar fence, or other screening fence as approved by the Planning Board, to prevent visibility. The finished side of the fence shall face the residential zone, and such fence shall be situated within the buffer area near the common boundary line. This buffer area shall be used for no other purpose than as above regulated.
9. Parking. There shall be one off-street parking space for every fifty (50) storage units.
10. Security and Alarm Systems. Security and alarm systems as required by the Mountainside Police Department and Fire Department shall be installed and operational at all times at the premises.
11. Video Surveillance. There shall be continuous 24-hour, seven days a week, video surveillance of all exterior and interior areas of the premises.
12. Location Within One-half Mile of Existing Public Warehouse or Self-Storage Facility. No proposed public warehouse or self-storage facility shall be permitted on a lot which is within a one-half (1/2) mile radius of a lot on which is located an existing or proposed public warehouse or self-storage facility.
13. Residential Uses Prohibited. There shall be no short-term or long-term residential use of the premises.
14. Activities Other Than Public Warehousing and Self-Storage Service Prohibited. There shall be no activity or use, including but not limited to auctions, retail sales, garage sales, flea markets, serving or fabrication activities, and operation of power tools, permitted on the premises except the provision of public warehousing and self-storage services on the premises.

Mountainside City Zoning Code

1004 Conditional

Use

Uses Permitted. Pursuant to P.L. 1975, Chapter 291 and amendments thereto, the Planning Board may grant conditional uses as herein permitted and regulated. Said conditional uses shall be limited to:
1. Institutional Use as defined in Section 230,
2. Municipal Uses as defined in Section 239,
3. Public warehousing and self-storage facilities,
4. Community residences for the developmentally disabled and community shelters for victims of domestic violence. As used in this Ordinance, "community residence for the developmentally disabled" means any community residential facility licensed pursuant to P.L. 1977, Chapter 448 and amendments thereto, providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half way houses, intermediate care facilities, supervised apartment living arrangements, and hostels. In the case of such community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. As used in this Ordinance, "developmentally disabled person" means a person who is developmentally disabled as defined in section 2 of P.L. 1977, Chapter 448, and amendments thereto, and "mentally ill person" means a person who is afflicted with a mental illness as defined in section 2 of P.L. 1987, Chapter 116 and amendments thereto, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge. "Community shelter for victims of domestic violence" means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979 Chapter 337, and amendments thereto, providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
Applications For Conditional Uses. Application for a permitted conditional use shall be made in accordance with procedures set forth in Article 9 of this Ordinance and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Borough, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. In reviewing an application for a conditional use, the Board shall give reasonable consideration to:
1. Character of the neighborhood.
2. Conservation of property values.
3. Health and safety of residents and workers on adjacent properties in the surrounding neighborhood.
4. Potential congestion of vehicle traffic or creation of undue hazard.
5. Pedestrian safety.
6. Effect on the use and enjoyment of adjacent properties.
7. The nature and intensity of the use.
8. Adequacy of utility, drainage and other facilities.
9. Stated principles and objectives of this Ordinance and the Master Plan of the Borough.
General Provisions For Conditional Uses. In reviewing an application for any conditional use as herein provided, the Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangements of entrances and exits to assure public safety. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located. Conditional use requirements for the following permitted conditional uses shall be as set forth in subsections (d), (e), (f), (g), and (h) below.
Churches As A Conditional Use. Churches and similar places of worship together with rectories or parish houses or convents of religious groups on the same tract, are permitted as a conditional use in all zoning districts 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 by laws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board, the following:
  1. The organization is or will be a bona fide non profit religious group organized primarily for the benefit of its membership, and such other activities normally carried on by religious groups.
  2. The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
  3. 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 premises may be made available on a rental basis for meetings of other groups, private social functions and the like,
    2. 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 Governing Body of the Borough, 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 fund raising activities, even though a portion of the funds raised is taken by such profit making organization as a fee, and
    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 of 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 75,000 square feet, and shall have a minimum street frontage of 225 feet.
3. Lot Coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements, shall not exceed 50 per cent of the total lot area.
4. Front Yard. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.
5. Side and Rear Yard. Any building or structure shall be setback from the side property lines a distance not less than the height of the structure or 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 50 feet, whichever is greater.
6. 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, create a mixed use as defined herein for the premises on which they are conducted.
Public And Private Schools As A Conditional Use. Public schools covering any or all grades prekindergarten through grade 12, and full time private schools covering any or all grades prekindergarten through grade 12, operated by religious or non profit organizations, which are not conducted for the purpose of pecuniary profit and which are intended to satisfy state mandated educational requirements, are permitted as a conditional use in all zoning districts, 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 by laws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board, the following:
  1. The organization is or will be a nonprofit school organized for educational purposes and such other activities normally carried on by such schools and not for pecuniary profit.
  2. The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
  3. 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 premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
    2. 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 Governing Body of the Borough, 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
    3. Sale of items, products or materials required of 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, 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 a building or structure.
2. Minimum Lot Size. The lot on which the proposed use is to be located shall have a minimum area of ninety thousand (90,000) square feet, plus an additional forty five thousand (45,000) square feet for every one hundred (100) pupils or portion thereof of maximum capacity, and the lot shall have a minimum street frontage of two hundred twenty five (225) feet.
3. Lot Coverage. The coverage of the lot by buildings and structures will not exceed fifteen (15) per cent, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements, shall not exceed forty (40) per cent of the total area of the lot.
4. Front Yard. 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.
5. Side And Rear Yard. 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 (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. Off-Street Parking. Off-street parking shall be provided at the rate of one (1) parking space for each four hundred (400) square feet of floor area in the school building and any appurtenant structures on the same lot for schools containing grades under the tenth (10th) grade. For schools containing grades tenth (10th) and/or eleventh (11th) and/or twelfth (12th), off-street parking shall be provided at the rate of one (1) space for each two hundred (200) square feet of floor area in the school building and any appurtenant structures on the same lot. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking in a public street during the course of normal educational programs. Such parking area shall not be located within the front yard area nor within twenty-five (25) feet of a property line and shall otherwise comply with all general requirements of Section 914(b) concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height, and maintained or 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, view of the parking area from a public street.
7. 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 of vocation, and which are intended to fulfill state mandated educational requirements.
Municipal Uses. Municipal buildings and uses, other than parks, are permitted as a conditional use in all zones provided said conditional use shall meet all of the following requirements:
1. Lot Coverage. The lot coverage by buildings or structures shall not exceed twenty five (25) per cent.
2. Off-Street Parking. Sufficient off-street parking area shall be provided to ensure that the use will not cause parking in a public street during the course of normal activities.
3. Screening. Landscape plantings shall be provided in sufficient quantity, location and height 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 view of the parking area from any public street.
Community Residences For The Developmentally Disabled And Community Shelters For Victims Of Domestic Violence As A Conditional Use. Community residences for the developmentally disabled and community shelter for victims of domestic violence housing more than six persons excluding resultant staff are permitted as a conditional use in all residential zoning districts provided said conditional use shall meet all of the following requirements in addition to all requirements for a single family residence within such zoning districts:
1. License Or Certificate. The application shall be accompanied by a copy of the applicant's license issued pursuant to P.L. 1977, Chapter 448, and amendments thereto, in the case that application is for a community residence for the developmentally disabled or by a copy of the applicant's certification and purchase of service contract issued pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, Chapter 337, and amendments thereto, in the case the application is for a community shelter for victims of domestic violence;
2. Off-Street Parking. Off-street parking shall be provided at the rate of one parking space for each 200 square feet of floor area in the building for community residences for the developmentally disabled and at the rate of one parking space for each 150 square feet of floor area in the building for community shelters for victims of domestic violence. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking in a public street during the course of normal operations of the use. Such parking area shall not be located within the front yard area nor within twenty five (25) feet of a property line and shall otherwise comply with all general requirements of Section 914 (b) concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height, and maintained or 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, view of the parking area from a public street.
3. Location Within 1500 Feet Of Existing Residence Or Shelter. No proposed community residence for the developmentally disabled or community shelter for victims of domestic violence shall be permitted on a lot which is within 1500 feet of the lot on which is located an existing such residence or shelter.
4. Sufficient Existing Residences Or Shelters. No proposed community residence for the developmentally disabled or community shelter for victims of domestic violence shall be permitted if the number of persons, other than residential staff, resident at existing such residences or shelters within the Borough exceeds 50 persons, or 0.5% of the population of the Borough, whichever is greater.
Public Warehousing And Self-Storage Facilities As A Conditional Use. Public warehousing and self-storage facilities are permitted as a conditional use in the L-I Zone, provided said conditional use shall meet all of the following requirements:
1. Height. No building shall exceed a maximum of two (2) stories or twenty-five (25) feet in height, whichever is the lesser.
2. Front Yard. There shall be a front yard of not less than fifty (50) feet.
3. Side Yard. There shall be a side yard on each side of the principal building of not less than fifteen (15) feet. Off-street parking as required in Section 914(b) is permitted in the side yard, outside the required buffer area.
4. Minimum Rear Yard. There shall be a rear yard of not less than thirty (30) feet. Off-street parking as required in Section 914(b) is permitted in the rear yard, outside the required buffer area.
5. Minimum Lot Area. Each lot shall have a minimum lot area of twenty-six thousand (26,000) square feet, with a minimum lot width of one hundred twenty-five (125) feet; provided, however, the minimum lot width on Route 22 shall be two hundred (200) feet.
6. Maximum and Minimum Building Size. The maximum building ground projection area for all buildings on a lot shall not exceed twenty-five percent (25%) of the lot area; provided, however, the principal building shall contain a minimum ground floor area of not less than four thousand (4,000) square feet.
7. Maximum Lot Coverage. Lot coverage shall not exceed fifty percent (50%) of the lot area.
8. Buffer Area. Wherever a public warehouse or self-storage facility abuts any residential zone, there shall be provided within said lot a buffer strip area of at least thirty (30) feet in width which shall include evergreen shrubbery and a row of twelve (12) foot shade trees planted not more than fifteen (15) feet apart, and a six (6) foot woven cedar fence, or other screening fence as approved by the Planning Board, to prevent visibility. The finished side of the fence shall face the residential zone, and such fence shall be situated within the buffer area near the common boundary line. This buffer area shall be used for no other purpose than as above regulated.
9. Parking. There shall be one off-street parking space for every fifty (50) storage units.
10. Security and Alarm Systems. Security and alarm systems as required by the Mountainside Police Department and Fire Department shall be installed and operational at all times at the premises.
11. Video Surveillance. There shall be continuous 24-hour, seven days a week, video surveillance of all exterior and interior areas of the premises.
12. Location Within One-half Mile of Existing Public Warehouse or Self-Storage Facility. No proposed public warehouse or self-storage facility shall be permitted on a lot which is within a one-half (1/2) mile radius of a lot on which is located an existing or proposed public warehouse or self-storage facility.
13. Residential Uses Prohibited. There shall be no short-term or long-term residential use of the premises.
14. Activities Other Than Public Warehousing and Self-Storage Service Prohibited. There shall be no activity or use, including but not limited to auctions, retail sales, garage sales, flea markets, serving or fabrication activities, and operation of power tools, permitted on the premises except the provision of public warehousing and self-storage services on the premises.