Saddle River City Zoning Code
ARTICLE X
Conditional Uses
§ 210-40 Standards and procedures.
Recognizing the need for certain uses but being aware that, if located without due regard for existing conditions and surroundings, they may be inimical to the public health, safety and general welfare of the community, the following standards and procedures are established. These standards are intended to provide a guide for the Planning Board in passing upon permits for conditional uses of land and are intended as a guide because it is not practical to determine in advance every facet worthy of consideration in a given case. The Planning Board shall consider any special or unusual factors involved when making its recommendation and determination. It shall weigh the beneficial effects of the proposed use against its possible detrimental effects upon the health, safety and general welfare of the Borough, especially in relation to any legally adopted plan for future land use.
§ 210-41 Hearing.
The Planning Board shall hear any application for such use in the same manner and under the same procedure as the Board of Adjustment is empowered by law and ordinance to hear cases and make variances to the provisions of a Zoning Ordinance. The Planning Board may grant thereafter a permit for the use if, in its judgment, the conditional use as proposed to be located will not be detrimental to the health, safety and general welfare of the community and is reasonably necessary for the convenience of the community and will meet the standards set forth herein.
§ 210-42 Permit application.
Applications for permits shall be made in triplicate to the Planning Board. The application shall include a detailed plot plan of the site, drawn to scale, giving overall dimensions; the points of the compass; general and unusual topographical conditions; the location and intended use of existing and proposed buildings; the relation of the use to highways, streets and surrounding properties; and such physical features as present any deterrent in maintaining adequate protection of safety, health, sight or comfort. The application shall, if required, include a complete set of architectural plans and specifications of existing and proposed buildings and structures and a statement setting forth in detail the proposed operation of the conditional use.
§ 210-43 Schools.
A.
Regularly organized schools offering a curriculum limited to nursery, primary or secondary level only (not including colleges, trade schools, business schools and the like offering such a curriculum) and meeting the minimum requirements established by the Department of Education may be permitted in any residential zone. The regulations of the zone, except as hereinafter set forth, and the following basic standards shall apply:
(1)
Site area. There shall be a site area for a nursery school (such school being one which instructs children under normal public school age) or an elementary (primary) school (such school being one which includes grades kindergarten through eight) equal to two acres for each 50 students, with a minimum site area of 10 acres. There shall be a site area for an intermediate or high (secondary) school (such school being one which includes grade nine through 12) equal to four acres for each 30 students on the first 20 acres, plus two additional acres for each 50 students in excess of 250 students, with a minimum site area of 20 acres. Not more than 20% of any site area shall be covered by buildings.
[Amended 12-17-2001 by Ord. No. 01-720-C]
(2)
Frontage. The minimum street frontage for a nursery or elementary school shall be 1,000 feet. The minimum street frontage for an intermediate or high school shall be 1,500 feet.
[Amended 12-17-2001 by Ord. No. 01-720-C]
(3)
Yards. A front and rear yard each with a depth of not less than 225 feet, and two side yards, each with a width of not less than 225 feet, shall be provided. No parking shall be allowed within 100 feet of any street or property line, no pick up or discharge of students shall be allowed on any public street or within 100 feet of any street or property line, no organized play shall be allowed within 100 feet of any street or property line, and no building structure shall be allowed within 125 feet of any street or property line.
[Amended 12-17-2001 by Ord. No. 01-720-C]
(4)
Parking. Off-street parking shall be provided in the following ratios. Nursery and elementary schools shall provide one parking space for each staff member or employee, plus one parking space for each 10 pupils, plus adequate space for buses and delivery vehicles used in conjunction with the activities of the school. Intermediate and high schools shall provide one parking space for each staff member or employee, plus one parking space for each five pupils, plus adequate space for buses and delivery vehicles used in conjunction with the activities of the school. All such cars, buses and delivery vehicles must be garaged during the nighttime, except that noncommercially registered school buses and vans may be stored outside at any time, provided that they are adequately screened from the street and adjoining property owners in a manner satisfactory to the Planning Board. These requirements may be increased if, in the judgment of the Planning Board, such considerations as the unavailability of bus service or the distance from centers of population or a relatively high percentage of pupils driving their own cars make such increased requirements desirable and necessary to lessen congestion in the area.
(5)
Driveways. No driveway shall open into a street or road within 500 feet of an intersection of such street or road with another street or road. In determining the suitability of proposed or existing driveways upon the site, the Planning Board shall consider such factors as grade, in accordance with the provisions of Chapter 183 of the Code of the Borough of Saddle River, site clearance, the number, width, and pattern of driveways, the number, locations and design of ingress and egress points, the volume of traffic which may be anticipated upon the site and upon the adjoining roads and the condition and width of the pavement of adjoining roads.
[Amended 12-17-2001 by Ord. No. 01-720-C]
(6)
Athletic activities. No organized school-sponsored athletic activities shall be permitted on Sunday. No outdoor athletic activity shall be permitted on any other day between the hours of 8:00 p.m. and 8:00 a.m.
(7)
Residents. No person shall reside within any building on the school property, except that teaching, administrative and maintenance personnel may reside on the school property, provided that said personnel either reside in one building on the property or in separate residence units, which residence units shall conform in all respects to the requirements for residential units in the R-1 Residential Zone.
(8)
Construction. A school on the nursery, primary or secondary level shall be permitted to erect and maintain as many buildings and structures as are pertinent or customary for school purposes, provided that such buildings or structures shall not exceed the height limits of this chapter and shall conform in every respect to all requirements of this chapter. The location of the buildings and structures is optional, provided that such buildings and structures are located more than 125 feet from the property lines and are in compliance with the Uniform Construction Code as adopted by the Borough regarding their proximity to each other.[1]
(9)
No school facility may be constructed within a one-mile radius of any existing school facility in the Borough of Saddle River. The school structure shall be considered not only the physical plant but the property of the school in making this determination.
[Amended 12-17-2001 by Ord. No. 01-720-C]
B.
Any school existing on the date of passage of this chapter shall have one year from the effective date hereof to bring the operation of such school into compliance with Subsection A(4) above. If such school has not so complied with the terms and provisions of said subsection within such year's time or has not applied and received from the Board a variance from the terms and provisions thereof, such school shall be deemed in violation of this chapter.
C.
The Construction Official of Saddle River, the Saddle River Fire Department and the Saddle River Board of Health shall cause annual inspections to be made of nursery, primary or secondary schools operating within the Borough of Saddle River to determine whether such nursery, primary or secondary schools are in compliance with the terms and provisions of Chapters 113, Fire Prevention; 162, Plumbing; Part III, Board of Health Legislation; and this chapter. Such inspection shall be made at the mutual convenience of the school and the inspecting parties during the second quarter of each calendar year.
§ 210-44 (Reserved) [1]
[1]
Editor's Note: Former § 210-44, Automobile service stations, was repealed 7-21-2014 by Ord. No. 14-900-C.
§ 210-45 Public utilities.
[Amended 7-21-2014 by Ord. No. 14-900-C]
Public utility uses, but not including service or storage yards, may be permitted in the C-B Crossing Business Zone in accordance with the regulations of the zone, and the following basic standards shall apply:
A.
Design of facilities. The design of structures and facilities shall be consistent with the design guidelines of the Saddle River Historic District as set forth in § 210-20.
B.
Fences. Fences shall be installed and maintained as required by the Planning Board.
C.
Buffer strips. Buffer strips shall be provided.
D.
Water storage. Water storage facilities shall conform to specifications on file with the Borough Engineer.
E.
Distribution systems. These provisions are not intended to prohibit the installation of customary distribution and transmission lines and incidental equipment customarily attached to systems of poles, wires, conduits and underground pipes.
F.
Contents of application. Applications under § 210-42 shall be accompanied by a statement setting forth the need and purpose of the installation.
G.
Lot area. Lot areas shall conform to lot sizes and requirements of the C-B Crossing Business Zone in which such facilities are located.
§ 210-46 (Reserved) [1]
[1]
Editor's Note: Former § 210-46, Cultural institutions, was repealed 7-21-2014 by Ord. No. 14-900-C.
§ 210-47 (Reserved) [1]
[1]
Editor's Note: Former § 210-47, Public buildings, was repealed 7-21-2014 by Ord. No. 14-900-C.
§ 210-47.1 Churches and houses of worship.
[Added 6-21-1993 by Ord. No. 592-C; amended 5-15-2000 by Ord. No. 00-695-C; 8-21-2023 by Ord. No. 23-1061]
A.
Churches and houses of worship may be permitted in any residential zone in accordance with the regulations of the zone, subject to the following conditions:
B.
In addition to the conditional use requirements set forth above, churches shall be required to meet the following standards which shall not be considered conditions of the use:
(1)
Buffer. A buffer shall be required along each side and rear property line. The buffer shall be 50 feet in width. The buffer shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the landowner may be required to provide a year-round visual screen as determined by the Planning Board.
(2)
Yard areas. There shall be a front yard of not less than 125 feet. There shall be a rear yard of not less than 125 feet. Side yards shall have a width of 125 feet each. No parking or other structure, except a driveway and identification sign, shall be permitted within 100 feet of any street line. No parking or structure shall be permitted within 125 feet of any side or rear lot line.
(3)
Driveways. No driveways shall open into a street or road within 250 feet of an intersection of such street or road with another street or road. In determining the suitability of proposed or existing driveways upon the site, the Planning Board shall consider such factors as grade and site clearance, the number, locations and design of ingress and egress points, the volume of traffic which may be anticipated upon the site and upon adjoining roads, and the condition and width of the pavement of adjoining roads.
(4)
Parking. Off-street parking shall be required as provided in § 210-37B. No outdoor overnight parking shall be permitted on the site. Parking areas shall be set back from buildings a minimum distance of 25 feet.
(5)
Signs. Signs shall be as permitted in Chapter 175, Signs, of the Code of the Borough of Saddle River.
(6)
Miscellaneous. Except as specifically modified by this section, all other provisions of the Code of the Borough of Saddle River shall apply to this use, where appropriate. In the event of a conflict between this section and other sections of the Code, this section shall take precedence.