West Caldwell City Zoning Code
§ 20-17.3
Conditional Use Standards.
[Ord. No. 890 § 20-17.3; Ord. No. 937]
a.
The Planning Board shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience, including, but not limited to, the proposed use, the character of the area, vehicular patterns and access, pedestrian ways, landscaping, lighting, signs, drainage, utilities and building and structure location and orientation, and shall be guided by the following:
1.
The Planning Board shall find such use appropriate to the immediate neighborhood and subject to such conditions as it may impose with respect to, among other items, the minimizing of traffic congestion by appropriate entrances and exits to assure the public safety, and the provision of landscaping, so located as to screen the premises from any residence use or residence zone district; and
2.
The proposed use shall be subject to such conditions and safeguards as may be deemed by the Planning Board to be advisable and appropriate to the end that the general zone plan may be preserved and protected; and
3.
The proposed use shall be of such appropriate size, and so located and laid out with respect to access streets so that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the character of the general neighborhood.
b.
If a conditional use standard is in conflict with an applicable district-wide standard, the more restrictive standard shall control. In particular cases, the Planning Board may, pursuant to N.J.S.A. 40:55D-40 and 51, modify size, dimension and location standards herein pertaining solely to a conditional use by an amount not exceeding 15% of any such standard, provided that no such modified standard shall be more restrictive than herein specified nor less restrictive than the equivalent district-wide standard. The provisions of N.J.S.A. 40:55D-70d shall apply to violations of any standards pertaining solely to a conditional use as herein specified or, if hereby modified, as so modified.
c.
If a conditional use standard is not specified herein, the applicable district-wide standard shall apply.
d.
If more than one conditional use, or a conditional use and a permitted principal use or uses, are proposed to be conducted on the same property, the most restrictive standards or the sum of the standards, as applicable, shall control.
e.
Limitations and standards for conditional use permits related to community residences as set forth in the Municipal Land Use Law (N.J.S.A. 40:55D-66.1) are hereby adopted.
f.
In addition to the aforesaid provisions and standards, the following conditional use standards shall apply, as applicable.