West Long Branch City Zoning Code
§ 18-6.6
Regulations Applying to Conditional Use Permits. 1
[Ord. #513; Ord. #O-08-7, S XIV; Ord. #O-09-10; Ord. No. O-2015-4 § 8; amended 9-20-2023 by Ord. No. O-23-13]
a.
Intent of Conditional Use Permits. Whereas certain uses, activities and structures and building 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 inimical 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 section of the Zoning Chapter of the Borough of West Long Branch.
b.
Issuance of Conditional Use Permits.
1.
Any person seeking a Conditional Use Permit for any use of the type included in this section of this Chapter shall first make application, in the form described by paragraph c of this subsection, to the Planning Board through the Administrative Officer for a Conditional Use Permit. Also such applications shall be filed with the Borough Clerk no later than 14 days prior to the date of a regular meeting of the Board. No application for a Conditional Use shall be deemed complete until all fees are paid and all documents required for site plan review have been filed with the Borough Clerk.
2.
The supporting documents shall be forwarded to the Planning Board of the Borough of West Long Branch for review of the site plan for an evaluation of the proposed Conditional Use and its relationship and conformity to the goals, objectives and policies established by the Planning Board and set forth in the site plan section of this Chapter. The review by the Board of an application for a Conditional Use shall include review of a site plan application submitted pursuant to the requirements of the site plan section of this Chapter and all applications for approval of a Conditional Use shall be granted or denied after a public hearing by the Planning Board.
3.
The Board shall hold a public hearing on the application for Conditional Use, together with the required hearing on the site plan application at its first regular business meeting following the submission of the complete application by at least 14 days. Notice of the hearing shall be given pursuant to the provisions of the West Long Branch site plan section of this Chapter.
4.
The Planning Board shall grant or deny an application for a Conditional Use within 95 days of submission of the complete application by the applicant or within such further time as may be consented to by the applicant.
5.
All applications for a Conditional Use must comply with the following minimum standards for approval:
(a)
Such use shall be in harmony with the general intent and purposes of the zoning ordinance.
(b)
Such use shall not affect adversely the character of the district, its property values, or the health, safety, and welfare of the residents or workers in the general neighborhood.
(c)
Such use shall be so organized and arranged that vehicular and pedestrian traffic to and from the site of such use will not create undue congestion or other hazards prejudicial to the character of the general neighborhood.
6.
The plans and information accompanying an application for a Conditional Use Permit shall also include the following:
(a)
The location, use, design, specifications, floor plans, dimensions and height of such proposed building or structure.
(b)
Existing property lines, streets and buildings within (500') feet of the property.
(c)
The location and arrangement of vehicular accessways and the location, size and capacity of all areas to be used for off-street parking, loading and unloading.
(d)
The location and dimensions of sidewalks, walkways and all other areas devoted to pedestrian use.
(e)
The design and treatment of buffer areas and screening devices to be maintained, including all dimensions of all areas devoted to planting, lawns, trees or other landscaping devices.
(f)
Provisions for water supply, storm drainage and sewage disposal.
(g)
Sufficient data to indicate the effects of the proposed use in producing traffic congestion and safety hazards, and sufficient additional data to enable the Planning Board to determine compliance with the design requirements set forth in this and other pertinent sections of this Chapter.
(h)
All other details as established under the site plan section of this Chapter.
c.
Permitted Conditional Uses. The following conditional uses, contained in paragraphs d through f may be permitted in the specified zones of the Borough of West Long Branch, subject to the terms and conditions specified herein or specified elsewhere in this section of the Chapter or in the site plan section of this Chapter.
d.
Public Utilities. Public utilities, such as high voltage transmission lines and towers, sub-stations, and telephone exchanges, may be permitted in certain zones in the Borough provided that:
1.
Proof is furnished to the Planning Board that the proposed installation in a specific location is necessary for the convenient and efficient operation of the public utility system or a satisfactory and convenient provision of the service by the utility to the neighborhood or area in which the particular use is to be located.
2.
The design of any building in connection with such facility conforms to the general character of the area in which it is proposed and will not affect enjoyment of property rights of the zone in which it is located. Adequate and attractive fencing and other safety devices will be provided in conjunction with such use and sufficient landscaping, including trees, shrubs, lawns and other screening.
3.
Buildings, facilities, fences and other safety devices, and landscaping will be periodically maintained.
4.
Installation of all new public utility distribution supply lines and service connections shall be underground, except for lots located on an improved street where existing electric and/or telephone lines are presently serving said street.
e.
Home Professional Occupations. Home professional occupations, as defined in this Chapter may be permitted in all residential zones, provided that:
1.
A home professional occupation shall be carried on entirely within the principal building and shall not, under any circumstances, exceed 25% of the total gross habitable floor area of the principal building.
2.
No such home professional occupation shall require exterior alteration of the principal building.
3.
No home professional occupation shall permit the employment of more than one employee who is not a permanent resident of the principal structure.
4.
No such home professional occupation shall permit any advertising display other than a small professional name plate sign. Such sign shall not exceed two square feet in area on any one side and such sign shall not be illuminated.
f.
Eating and Drinking Establishments. Eating and drinking establishments may be permitted in all Neighborhood Commercial Zones, provided that:
1.
No such establishment shall be located within one thousand (1000') feet of any existing or proposed similar establishment, use, liquor license, or within one thousand (1,000') feet of any church or school.
2.
The design of any building in connection with such establishment conforms to the general character of the area in which it is proposed and will not affect enjoyment of property rights of the zone in which it is located. Adequate and attractive fencing and other safety devices will be provided in conjunction with such use and sufficient landscaping including trees, shrubs, lawns and other screening will be provided at the request of the Planning Board. Sufficient buffers as set forth and required by the Planning Board must be complied with.
3.
Use shall in no way disturb any neighboring commercial or residential property owners.
g.
Houses of Worship. Houses of worship shall be permitted as conditional uses in the R-22 and R-15 Residential Zones subject to compliance with the following standards: Minimum lot area of three (3.0) acres, maximum lot coverage of 60%, maximum building coverage of 20%, minimum buffer of twenty-five (25') feet, minimum front yard setback of seventy-five (75') feet, minimum lot width of two hundred (200') feet, minimum side yard setback of fifty (50') feet, and a minimum rear yard setback of seventy-five (75') feet.
h.
Educational Services (NAICS Code 61). Those educational services as listed in the Schedule of Permitted and Conditional Uses for Non-Residential Zones shall be permitted as conditional uses in the OP and NC Zone based upon the parking requirements in subsection 18-7.4 Off-Street Parking, Loading and Unloading Regulations.