Oradell City Zoning Code
ARTICLE VIII
Conditional Uses
§ 240-8.1 Intent of conditional uses.
Whereas certain uses, activities, structures and buildings are considered necessary to serve the needs and convenience of the community and, at the same time, recognizing that such uses may be or become detrimental to the public health, safety and general welfare if located and operated without proper consideration being given to the existing conditions and character of the community and surrounding neighborhood, such uses and activities may be permitted in certain specified areas under the terms of this chapter and pursuant to the provisions of this section.
§ 240-8.2 Procedure and standards of review.
Before any permit shall be issued for a conditional use, applications shall be made to the Planning Board, which shall grant or deny the application after public hearing within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. Notice of the hearing shall include reference to all matters being heard, including site plan and/or subdivision, and the Planning Board shall review and approve or deny any applicable subdivision or site plan simultaneously with the conditional use application. Failure of the Planning Board to act within the required time period shall constitute approval of the application. In reviewing the application, the Planning Board shall review the number of employees or users of the property and the requirements set forth in this chapter, and shall give due consideration to elements that would affect the public health, welfare, safety, comfort and convenience, such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s). Each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the developer, even though a conditional use shall be a permitted use in the district in which it is located. Prior to making its decision, the Board shall be satisfied that the conditional use is reasonably necessary for the convenience of the public in the location proposed.
§ 240-8.3 Application details.
The application shall follow the submission requirements and the fees and escrows for site plan review as outlined in this chapter. The fees and escrow requirements for a conditional use application under this section shall be the same as for a site plan application, and the procedures for approval of a conditional use shall be the same as those for site plan approvals.
§ 240-8.4 Specific standards for certain conditional uses.
A.
Community residences, as defined in N.J.S.A. 40:55D-66.2, shall be permitted in all residential districts of the Borough and shall be subject to the requirements of single-family dwelling units in such districts, subject to the following exceptions:
(1)
Any such residence having more than six persons, excluding resident staff, shall require a conditional use permit, to be granted by the Planning Board, in accordance with N.J.S.A. 40:55D-67. No such permit shall be issued if:
(a)
The proposed residence is located within 1,500 feet of an existing such residence or shelter;
(b)
The number of persons, other than resident staff, residing at existing community residences or community shelters exceeds 50 persons or 0.5% of the population of the Borough, whichever is greater;
(c)
The proposed residence or shelter is to be located in a district other than residential; or
(2)
The application for such a conditional use permit shall be accompanied by a detailed site plan, drawn to scale and certified by a licensed professional engineer or land surveyor, detailing all dimensions of the lot, including yard areas; size of proposed residence or shelter to be constructed or converted; number, type and location of rooms; proposed number of residents; proposed number of resident staff and location of staff rooms and facilities; proposed number and location of parking spaces for staff members and visitors; drainage facilities; and any other relevant information that may be requested by the Planning Board.
(3)
There shall be at least one parking space for each proposed resident and staff member.
(4)
The Planning Board shall have the power to impose landscaping, shrubbery, buffer and safety device requirements that may be necessary or expedient as a result of the configuration of the lot and its location with respect to surrounding properties and thoroughfares.
B.
Automobile service stations and automobile repair shops may be permitted only in B-1 and B-2 Zones and shall require a conditional use permit. No such permit shall be granted unless the proposed station complies with the following requirements:
(1)
Lot size. The lot or parcel of land so to be used shall have a street frontage of at least 100 feet and an average depth of at least 125 feet.
(2)
Setbacks.
(a)
Buildings. The walls of any building shall be set back at least 50 feet from any residential zone boundary or existing residential property, at least 25 feet from any adjoining property line and at least 40 feet from a street right-of-way line.
(b)
Gasoline pumps. All fuel and oil pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 40 feet from a street right-of-way line or property line and at least 50 feet from a residential zone boundary or existing dwelling. Canopies covering gasoline pumps or pump stands may be permitted with the approval of the municipal board hearing the application. Canopies shall be permitted, provided that any proposed canopy is consistent in color, shape and size with the building and gasoline pumps located on the site. In addition, any proposed canopy shall be designed so as to be no greater in size than is reasonably necessary to provide shelter from the weather to customers whose vehicles are being serviced at the gasoline pumps.
(c)
Paved areas. All paved areas within the property shall be at least five feet from a property line, 10 feet from a street right-of-way line and 25 feet from a residential zone boundary or existing residential use and shall be bounded by concrete curbing at least six inches above the surface.
(d)
Driveways. Entrance and exit driveways shall be at least 30 feet in width with a three-foot radius at the curbline. There shall be a safety zone between driveways of at least 30 feet, and the driveway shall be at least 10 feet from adjoining property lines. Driveways shall be at least 100 feet from an intersection of street lines. No more than two driveways shall be permitted for each 200 feet of street frontage.
(3)
Location. The nearest boundary line of the lot or parcel of land to be used as an automobile service station shall be at least 300 feet from the boundary line of property which is used as, or upon which is erected, a public or private school playground, church or other place of worship, hospital, public building or place of public assembly, theater or other building or structure used or intended to be used for public entertainment, public playground or civic center, firehouse or fire station. The distance shall be measured in a straight line from the center line of streets forming the shortest route from a point opposite the nearest side boundary line of the public entrance to a point opposite the nearest boundary line of the service station or garage lot. No automobile service station shall be located within 2,000 feet of another service station or existing public garage.
(4)
Landscaping. A five-foot planted strip, suitably landscaped, shall be provided between curb cuts and along all property lines. All unpaved areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as may be deemed suitable by the Planning Board.
(5)
Parking. Adequate parking for service vehicles and automobiles of employees and patrons shall be provided. Not less than three or more than five patron parking spaces shall be provided for each service bay.
(6)
Prohibited uses:
(a)
No new or used automobile sales shall be conducted on the premises, except by special permit issued by the Borough Clerk, which will allow the sale of no more than two vehicles at any one time.
(b)
No merchandise shall be sold or kept for sale except petroleum products and auto accessories reasonably necessary for the safe, lawful or convenient operation of motor vehicles.
(c)
No servicing of vehicles shall be permitted outdoors except for emergency repairs and unless the entire service of that specific vehicle can be completed within one hour.
(d)
Commercial/retail mini-marts.
C.
Antennas.
(1)
Objective. The objective of this subsection is to regulate antennas for safety and aesthetic reasons. Antennas may cause a safety hazard if not positioned and secured properly. The conditions set forth in this subsection are intended to address these safety concerns.
(2)
Approval of antenna as conditional accessory use.
(a)
In all zones, a building permit shall not be required for the construction, erection or alteration of an antenna one meter or less in length or width or depth or one meter or less in diameter. In the B-1 and B-2 Districts, a building permit shall not be required for the construction, erection or alteration of an antenna two meters or less in length or width or depth or two meters or less in diameter.
(b)
Except as provided herein, no antenna shall be constructed, erected or installed in the Borough unless and until a building permit is issued by the Building Inspector, following the procedures set forth herein.
(c)
Upon proper application and hearing as provided herein, one antenna requiring a building permit shall be permitted as a conditional accessory use in any residential or business district in the Borough, provided that the Planning Board finds and determines that the following conditions have been met:
[1]
The antenna surface area shall be no more than 12 square feet.
[2]
The equivalent diameter of the dish shall be no more than four feet.
[3]
The height of the antenna, including its base or mounting structure, measured vertically from the ground to the highest point of the antenna when positioned for operation, shall be no more than six feet.
[4]
Any antenna shall be mounted on a base affixed to the ground and shall be erected on a secure foundation. No antenna may be erected or mounted on another structure or portion thereof, such as, but not limited to, a roof or wall.
[5]
Any antenna shall be located only in the rear yard of the lot for which it is to be installed and shall comply in all respects with the minimum requirements for the rear yard and side yards of the zone in which such lot is situated.
[6]
Any antenna shall be located in such a position on the lot and screened in such a way as to minimize noise as may be perceived from the street or streets adjacent to the lot and from adjacent properties. Plants and trees equal to or greater in height than the antenna itself shall be planted to provide maximum screening.
[8]
Any antenna shall be designed only for the reception of signals for the use, benefit and enjoyment of the occupants of the structure on the lot on which the antenna is proposed to be installed.
[9]
No more than one antenna shall be permitted as an accessory for any primary use.
(3)
Application procedure.
(a)
No building permit shall be issued for the construction, erection or installation of an antenna unless a conditional use approval therefor has been granted by the Planning Board. As set forth in this section, in all zones, a building permit or conditional use approval shall not be required for the construction, erection or installation of an antenna one meter or less in length or width or one meter or less in diameter. In the B-1 and B-2 Districts, a building permit or conditional use approval shall not be required for the construction, erection or installation of an antenna two meters or less in length or width or two meters or less in diameter.
(b)
For a conditional use approval for an antenna, the procedure shall be as follows:
[1]
An application shall be submitted to the Planning Board Administrator, in writing, in duplicate, on forms supplied by the Planning Board, furnishing the name and address of the owner and applicant and an identification, by street number and lot and block designation, of the property involved.
[2]
The application shall be accompanied by 17 copies of a survey of the property prepared by a New Jersey licensed engineer or land surveyor depicting the boundaries of the lot and all existing structures and improvements on the property. There shall be further shown or marked on the survey, and drawn to scale, the proposed location of the antenna on the property.
[3]
The application shall also be accompanied by 17 copies of a drawing showing the dimensions of the antenna and the planting or screening as required hereunder.
(c)
Upon filing of a completed application for an antenna as a conditional accessory use, the Planning Board shall conduct a hearing in accordance with the provisions of this subsection.
(d)
On such hearing, the applicant shall give notice in accordance with the provisions of this code.
D.
Private tennis courts. Private tennis courts shall require conditional use approval and may be permitted in accordance with the following conditions:
(1)
The tennis court shall not be used for commercial purposes.
(2)
The tennis court shall be an accessory use, not a principal use, and shall only be located within a residential zone.
(3)
The tennis courts shall not be erected in the side or front yards.
(4)
The tennis courts shall be set back from side and rear property lines a minimum of the height of backstops and sidesteps, but not less than the distance of the required side yard. Said backstops and sidesteps shall not exceed 12 feet in height.
(5)
A buffer area shall be provided between the tennis court and any adjoining properties, in accordance with the standards and specifications of § 240-6.4 of this chapter.
(6)
No artificial lighting shall be maintained or operated in connection with any tennis court after 10:00 p.m., and lights used to illuminate any tennis court shall be so arranged and shaded to reflect light away from the adjoining premises.
(7)
All lighting shall conform to the outdoor lighting requirements of this chapter.
F.
Houses of worship are conditional uses in all zones, shall require conditional use approval and may be permitted in accordance with the following conditions:
(1)
Bulk requirements:
(a)
Minimum lot area: 1.5 acres.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Minimum front yard: 75 feet.
(e)
Minimum side yards: 50 feet.
(f)
Minimum rear yard: 50 feet.
(g)
Maximum building height provided in that zone: 32 feet.
(h)
Maximum building coverage: 30%.
(i)
Maximum impervious coverage: 50%.
(j)
Minimum buffer width: 50 feet.
(2)
External lighting with proper shielding for adjacent and/or surrounding properties is provided in accordance with the commercial lighting and outdoor lighting (§ 240-7.10) provisions of this code.
(3)
Off-street parking shall be provided in accordance with § 240-6.6A(1) and A(3) through A(10). One off-street parking space shall be provided for each 100 square feet of interior building space. On a mid-block lot, no front yard parking shall be allowed, and on a corner lot, no front or side yard parking shall be allowed on the yards that abut the street.
(4)
The facility may not also serve as a residence.
(5)
No commercial activity shall be allowed, including leasing of the facility; provided, however, that the facility may be used for nonprofit activities which are accessory or incidental to the primary use, including the operation of a day-care center for children or adults and wedding receptions, and the hours of operation shall be limited to 7:00 a.m. to 12:00 midnight. The proposed use shall in no way adversely affect the safe and comfortable enjoyment of property rights of the surrounding property owners/occupants.
(6)
Any condition not specifically addressed above shall conform to the applicable zoning codes of the zone in which it is proposed.
G.
Public, private and parochial child-care centers and schools (nursery through secondary) not operated for profit shall require conditional use approval and may be permitted in accordance with the following conditions:
(1)
The facility shall be certified by the appropriate licensing authority of the State of New Jersey.
(2)
Bulk requirements:
(a)
Minimum lot area: two acres.
(b)
Minimum lot width: 225 feet.
(c)
Minimum lot depth: 300 feet.
(d)
Minimum front yard: 75 feet.
(e)
Minimum side yards: 50 feet.
(f)
Minimum rear yard: 50 feet.
(g)
Maximum building height: as specified in the applicable zone.
(h)
Maximum building coverage: 25%.
(i)
Maximum impervious coverage: 40%.
(j)
Minimum buffer width: 50 feet.
(3)
External lighting with proper shielding for adjacent and/or surrounding properties is provided in accordance with the commercial lighting and outdoor lighting (§ 240-7.10) provisions of this code.
(4)
Off-street parking shall be provided in accordance with § 240-6.6A(1), A(3) through A(10) and C.
(5)
On a mid-block lot, no front yard parking shall be allowed, and on a corner lot, no front or side yard parking shall be allowed on the yards that abut the street.
(6)
Hours of operation shall be confined to the period between 7:00 a.m. and 7:00 p.m. The facility shall be closed on Saturday and Sunday.
(7)
The facility may not serve as a residence or allow any overnight activities.
(8)
No commercial activity shall be allowed.
(9)
Any condition not specifically addressed above shall conform to the applicable zoning codes of the zone in which it is proposed.
(10)
No facility shall be approved if it is within 1,000 feet of a similar facility.
H.
Nonprofit libraries, museums and public buildings, except Borough-owned, shall require conditional use approval and may be permitted in accordance with the following conditions:
(1)
Floor area ratio (FAR), coverages, lot sizes, height, and front, side combined and rear yard setbacks for the applicable zone shall be met.
(2)
Buffer areas and landscaping dimensions as required for commercial properties adjacent to residential zones shall be met.
(3)
External lighting with proper shielding for adjacent and/or surrounding properties is provided in accordance with the commercial lighting and outdoor lighting (§ 240-7.10) provisions of this code.
(4)
Off-street parking shall be provided in accordance with § 240-6.6A(1), A(3) through A(10) and C(4). On a mid-block lot, no front yard parking shall be allowed, and on a corner lot, no front or side yard parking shall be allowed on the yards that abut the street.
(5)
The facility may not serve as a residence or allow any overnight activities.
(6)
Any commercial activity must be ancillary to the operation of the facility (less than 10% of the floor area).
(7)
Any condition not specifically addressed above shall conform to the applicable zoning codes of the zone in which it is proposed.
(8)
The minimum lot size shall be 1/2 acre.
I.
Funeral homes shall require conditional use approval and may be permitted only in the B-1 and B-2 Zones, in accordance with the following conditions:
(1)
Floor area ratio (FAR), coverages, lot sizes, height, and front, side combined and rear yard setbacks for the applicable zone shall be met.
(2)
Buffer areas and landscaping dimensions as required for commercial properties adjacent to residential zones shall be met.
(3)
External lighting with proper shielding for two adjacent and/or surrounding properties is provided in accordance with the commercial lighting and outdoor lighting (§ 240-7.11) provisions of this code.
(4)
Off-street parking shall be provided in accordance with § 240-6.6A(1) and A(3) through A(10). One off-street parking space shall be provided for each 100 square feet of interior building space. On a mid-block lot, no front yard parking shall be allowed, and on a corner lot, no front or side yard parking shall be allowed on the yards that abut the street.
(5)
The facility shall be certified by the appropriate licensing authority of the State of New Jersey.
(6)
No facility shall be approved if it is within 1,000 feet of a similar facility.
(7)
The minimum lot size shall be 1.5 acres. If a lot is situated in more than one zone, the entire acreage may be computed in the calculation of minimum lot area so long as the structure housing the funeral home and the parking area is entirely within the applicable (B-1 or B-2) zone.
(8)
Buildings may include a single residence, the residence of the owner, manager or a full-time employee of the facility. The floor space dedicated to the residence portion of the facility shall not be included in the one-hundred-square-foot off-street parking calculation.