Saddle Brook City Zoning Code
ARTICLE XI
Conditional Uses
§ 206-40 General provisions.
B.
The standards for review have been established in order to protect the health, safety and general welfare of the Township residents. Any conditional use found to be detrimental to the public health, safety and general welfare shall be denied.
C.
The Planning Board shall take into consideration the character and type of development in the area surrounding the location for which the request is made, and determine that the proposed conditional use, as permitted, will constitute an appropriate use in the area and will not substantially injure or detract from the use of surrounding property or from the character of the neighborhood.
D.
The Planning Board may impose conditions in addition to those required to ensure that the intent of this chapter and the Site Plan Ordinance regulations are satisfied. These may include, but are not limited to, harmonious design of buildings, aesthetics, planting and its maintenance as a sight or sound screen, landscaping, hours of operation, lighting, numbers of persons involved, noise, sanitation, safety, smoke and fume control and the minimizing of noxious, offensive or hazardous elements.
§ 206-41 Applications.
Application for any conditional use shall be made to the Planning Board in accordance with the provision of said Board. Such application shall be accompanied by a site plan drawn in accordance with the Site Plan Ordinance.
§ 206-43 Essential services.
A.
Essential services shall be permitted as a conditional use in all zones. Because of the wide range of uses which constitute essential services, no specific regulations are contained in this chapter. Each use shall be evaluated by the Planning Board and standards imposed based on the following:
B.
The Planning Board may require alternate siting arrangements and provisions for parking and loading spaces, screening, fencing, buffers and lighting.
§ 206-44 Schools.
Schools are permitted as conditional uses subject to the following:
A.
Public and private schools are herein defined as schools which meet the State of New Jersey requirements for primary and secondary compulsory education. They shall be permitted in all zones and shall contain sufficient land area to meet the standards established by the New Jersey State Department of Education.
B.
Submission of a site plan.
C.
In evaluating the site plan for any proposed school, the Planning Board shall consider the impact on surrounding existing and future development of social and athletic events, traffic generation and noise, light and other nuisance characteristics. Appropriate safeguards shall be imposed to minimize these influences.
D.
All schools, public and private, shall be for day students and shall not include boarding for pupils, teachers or other staff.
§ 206-45 Churches, synagogues and other religious buildings and uses.
Churches, synagogues and other religious buildings and uses are permitted as conditional uses subject to the following:
A.
General. Subject use shall be permitted in all zones. In reviewing the site plan for subject use, the Planning Board shall make particular note of ancillary uses such as social events, recreational activities, convocations and similar activities. Reasonable requirements shall be established to minimize any adverse impact on surrounding areas.
B.
The minimum lot size shall not be less than one acre.
C.
The minimum front yard depth shall be the same as district requirements.
D.
Minimum side and corner yards shall be three times the side yards requirement for the district.
E.
The minimum rear yard shall be twice the rear yard requirement for the district.
F.
The minimum yard width requirement shall be three times the district yard requirement.
G.
The minimum building height shall be two stories, not to exceed 35 feet to the highest point of any building, exclusive of chimneys, steeples and similar items.
H.
Entrances. There shall be a minimum of one separate entrance and one separate exit from and to a public street.
I.
Maximum building coverage shall be 20% of the development parcel.
J.
Minimum open space and landscaped areas shall be 30% of the development parcel.
§ 206-47 Recreational facilities by nonprofit organization.
Recreational facilities by nonprofit organizations are permitted as conditional use subject to the following:
§ 206-49 Senior citizen housing.
No building, structure or lot shall be used for senior citizen housing except in accordance with the following:
A.
Submission of a site plan.
B.
Senior citizen housing is housing especially designed and constructed for the use of elderly or handicapped households which means households of one or more persons, one of which is 62 years of age or older or is handicapped. Such term shall also mean a single person who is 62 years of age or older or is handicapped. A person shall be considered handicapped if he or she has a physical impairment which is expected to be of long, continued and indefinite duration; substantially impedes his ability to live independently; and is of such a nature that such disability could be ameliorated by more suitable housing conditions.
C.
The minimum site area shall be two acres.
D.
The minimum street frontage shall be 200 feet.
E.
The minimum lot depth shall be 200 feet.
F.
The maximum permitted density shall be 15 dwelling units per acre.
[Amended 4-29-2003 by Ord. No. 1275; 12-20-2007 by Ord. No. 1428]
G.
The maximum building coverage of lot shall be 30%.
H.
The maximum building height shall be two and one-half (2 1/2) stories or 32 feet.
K.
Buffers shall be provided as determined by the Planning Board.
§ 206-50 Senior citizen housing/affordable housing.
[Added 11-8-2001 by Ord. No. 1239]
No building, structure or lot shall be used for senior citizen/affordable housing except in accordance with the following:
A.
Submission of site plan.
B.
"Senior citizen housing" shall mean housing that is especially designed and constructed for the use of mature households which means households of one or more persons whose minimum age shall be 55 years or older.
C.
The minimum site area shall be two acres.
D.
The minimum street frontage shall be 200 feet.
E.
The minimum lot depth shall be 150 feet.
F.
The maximum permitted density shall be 15 dwelling units per acre.
[Amended 4-29-2003 by Ord. No. 1275; 12-20-2007 by Ord. No. 1428]
G.
The maximum building coverage of lot shall be 30%.
H.
The maximum building height shall be three stories and 40 feet.
J.
Parking shall be provided as follows: one space for every unit and one space for every four units to provide for guest parking.
K.
Perimeter buffers shall be minimum of five feet.
L.
Should the developer determine in its sole discretion to install sound barriers as part of the development, such barriers may be constructed of either wood or masonry to be developed and approved by a certified licensed architect or professional engineer. Such barriers shall not exceed 25 feet in height.
M.
Affordable housing requirements:
(1)
Twenty percent of the units developed shall be restricted as low- and moderate-income housing, as those terms are redefined in N.J.A.C. 5:93-1 et seq. The low- and moderate-income units shall be evenly divided between low-income units and moderate-income units.
(2)
The low- and moderate-income units built on site shall be developed in accordance with the schedule set forth in N.J.A.C. 5.93-5.6(d).
(3)
At the developer's sole discretion and option, in lieu of constructing low- and moderate-housing units on site, the developer may contribute money to the Township which may be used by the Township to help satisfy its affordable housing obligation. The in-lieu monetary contribution shall be $25,000 for each affordable housing unit otherwise required to be developed as part of the development. Developer may choose to address the affordable housing through a combination of site units and payments in lieu. There shall be no other development fees for affordable housing as that term is used in N.J.A.C. 5:93-8 applicable to this zone.
(4)
In-lieu payments shall be computed and paid in a pro rata fashion upon receipt of certifications of occupancy for market rate units.
§ 206-51 Maximum density in any zone where residential use is permitted.
[Added 12-20-2007 by Ord. No. 1428; 12-11-2008 by Ord. No. 1456]
Despite anything contained in this chapter to the contrary, the maximum allowable density permitted in any zone where residential use is permitted, whether the use is for multifamily housing, apartment housing, senior housing, age-restricted housing or affordable housing, shall be limited to a maximum of 13 units per acre.
§ 206-53 Planned retail commercial groups.
Retail and service commercial establishments are permitted as conditional uses in the Industrial District subject to the following:
A.
Permitted uses. Retail and service commercial uses in a planned "shopping center" type development.
B.
Submission of a site plan.
C.
The minimum lot size shall be 100,000 square feet.
D.
The minimum street frontage shall be 200 square feet.
E.
The maximum building height shall be three stories or 35 feet.
F.
The maximum lot coverage shall be 20%.
H.
Access and frontage. All access and frontage for the development site shall be on North Midland Avenue.
I.
Mixed uses permitted. Retail and service commercial uses shall be permitted; limited, however, as first floor occupants of permitted buildings. Upper floors, if any, shall be occupied solely by principal permitted uses in the I Industrial District.
J.
Parking. Parking for all uses shall be provided pursuant to requirements of Article IX of this chapter.
K.
Design requirements. The design of the development shall be of the highest quality in terms of architecture, function, circulation, landscaping and other amenities.
L.
Parking, lighting, signs and buffers shall be provided pursuant to regulations of this chapter as determined by the approving authority.
M.
Approving authority findings. In addition to the applicant satisfactorily meeting all zoning and site plan requirements as established by the approving authority, the approving authority shall only approve the "conditional uses" upon a finding that the traffic generated from the proposed development shall not have any negative impact on public safety or the general welfare of the community.