A. Special Permit.
The Planning Board may authorize the issuance of a special permit for conditional uses only in accordance with the provisions of this Ordinance. After the effective date of this ordinance, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose for which a conditional use permit is required unless such permit is issued for such conditional or temporary use as provided herein.
B. Conditional Uses.
The conditional uses for which special permits are required shall be deemed to be uses permitted in a particular zoning district only upon a showing that such uses in a specific location will comply with the conditions and standards for the location or operation of such uses as contained in the Zoning Ordinance and upon the issuance of an authorization therefore by the Planning Board.
In accordance with N.J.S.A. 40:55D-70D.(3), in the event the application does not meet the requirements of the zoning ordinance as established for the conditional use, the jurisdiction to hear the application shall shift from that of the Planning Board to the Board of Adjustment.
C. Procedure.
The procedure for any application to the Planning Board for permission to erect, establish, maintain or use property or a building for a conditional use shall be the same as if a variance were being sought for other matters for which the Planning Board has final jurisdiction to grant or deny relief.
In sections of this chapter concerning conditional uses, where reference is made to the Planning Board, the words "Board of Adjustment" shall be substituted in those situations where the Zoning Board of Adjustment has Jurisdiction.
D. Standards and Requirements.
(1) Such use shall be one which is specifically authorized as a conditional use in the district within which such particular site is located.
(2) For every such conditional use, the Planning Board shall make a specific finding, supported by evidence produced at a public hearing in the manner provided by law, that such use will not be detrimental to the character of the neighborhood.
(3) For every such conditional use, the Planning Board shall determine that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and sidewalks so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of a street intersection.
(4) For every such conditional use, the Planning Board shall determine the number of parking spaces, parking areas and off street truck loading spaces necessary for the safe use and occupancy of such conditional use and that such parking spaces, parking areas and off-street truck loading spaces are in conformity with this chapter and all other pertinent ordinances for the anticipated number of occupants, employees and patrons.
(5) For every such conditional use, the Planning Board shall require suitable planting or fencing, not less than six feet high, along side lot and rear lot lines adjacent to residential uses or districts.
(6) For every such conditional use, where the installation of outdoor flood- or spotlighting is intended, the Planning Board shall determine that such lighting will not shine directly upon any abutting property. No unshielded lights shall be permitted.
Such conditional use shall be further subject to any applicable conditions or safeguards which are or may be specified in this chapter for its particular category or type of use.
Automatic coin-operated launderettes shall be permitted in all nonresidential business districts if they comply with the following standards:
A. They are located in a one-story masonry building.
B. All radios, television or other medium of entertainment is so controlled as to be inoperative between the hours of 10:00 P.M. and 8:00 A.M.
C. A coin-operated telephone booth is located on the premises.
D. All lights in the interior of the building are so arranged as to cause no glare on adjoining property.
E. All outside illuminated signs are so controlled as to not be lighted between the hours of 11:00 P.M. and 8:00 A.M.
F. All washing machines and dryers are grounded in accordance with the National Board of Fire Underwriters specifications.
G. All heat-producing devices are installed in accordance with the Fire Prevention Code of the City of Hackensack.
H. The building is so constructed that there are no hidden corners or places in the establishment when viewed from the public street.
I. The hours of operation of automatic coin-operated launderettes shall be inoperative between the hours of 10:00 pm to 7:00 am.
A. General Standards
The Planning Board shall consider the following factors in granting the application for a conditional use:
(1) Sufficient space for such machines has been provided to prevent overcrowding of users or interference with other pedestrian traffic in the building or on the premises.
(2) That aisle space between machines is satisfactory for emergency exit of the room or rooms housing such amusement machine complex.
(3) The parking facilities required by this ordinance for such amendment machine complex can be adequately provided.
(4) That such complex is adequately separated from public and parochial schools, school playgrounds, religious buildings and municipal parks and playgrounds.
B. Location and Layout Requirements.
(1) A building within which an amusement machine complex is the principal use or that portion of any building used as an amusement machine complex shall be located at least eight hundred (800) feet from any premises used as a public, parochial or private elementary, middle, junior high, high school, college or university, school playground, municipal park or playground or premises upon which is located a place of worship.
(2) A building within which an amusement machine complex is the principal use or that portion of any building used as an amusement complex shall be located at least eight hundred (800) feet from another building or portion of a building used as an amusement machine complex, pool hall or billiard parlor.
(3) Unless the amusement machine complex is the only principal use of a building, it shall be located in a separate room, separated from other uses on the premises and from pedestrian circulation to and from such other uses. Such room or principal building housing an amusement machine complex shall be arranged so that there is a management attendant within the building or room or such that management attendants outside of the room can easily see and supervise the interior of such room.
(4) Adequate space shall be provided to reach a machine so as to allow its use without overcrowding.
(a) A minimum width of two (2) feet shall be provided between each machine where the machine is designed for use by one (1) player and three and one-half ( 3 ) feet where a machine is designated for use by two (2) players.
(b) The depth of the space in front of the machine shall be at least five (5) feet, and there shall be a minimum aisle width in addition to this five (5) feet of an additional forty-four (44) inches.
(c) The provisions of the Uniform Construction Code shall be complied with.
(5) Off-street parking in addition to that otherwise required for the uses on the premises shall be provided in the amount of one (1) space per two (2) amusement game machines or six (6) spaces per one thousand (1,000) square feet of G.L.A. for such building or portion of a building used as an amusement machine complex, whichever is greater.
(6) Readily visible signs shall be installed, with their location, size and text shown on the plans submitted to the Planning Board indicating that persons under the age as specified in the licensing ordinance of Chapter 51 shall not be permitted to play such amusement game machine or amusement machine.
(7) A building or portion thereof used as an amusement machine complex shall comply with requirements for nonresidential building in a B-3 Zoning District specified in the Schedule of District Regulations.
(8) No noise shall emanate beyond the boundaries of such building or room containing an amusement machine complex.
(1) Where there are five (5) or less amusement game machines or other amusement machines in one (1) place, location or premises and where such activity does not constitute the principal use of a building, these are permitted subject only to the licensing requirements of Chapter 51 of the Code of the City of Hackensack.
(2) An amusement machine complex shall be subject to the licensing requirements of Chapter 51 of the Code of the City of Hackensack except that Subsection 51-13 and 51-14 shall not apply.
(3) Where there are more than five (5) amusement game machines or other amusement machines in one (1) place, location or premises, and the use constitutes either a principal use or an ancillary use of a building, the applicant shall be required to submit a site plan and an amusement machine complex room layout in sufficient detail to allow the Planning Board to consider the above factors.
A. General Standards.
(1) Businesses providing live entertainment shall provide said services wholly within an enclosed structure.
Such live entertainment shall be conducted within a building within which seating space shall be provided for patrons. No area designated as patron standing room shall be permitted.
(2) Noise levels shall not exceed standards promulgated in Section 175-10AGparticularly as related to adjacent residential uses.
(3) The application shall comply with all of the area, yard and bulk regulations in the district in which it is located.
(4) Off-street parking shall be provided in the amount as required by ordinance for the principal use to which such live entertainment is accessory and shall also be provided as follows:
(a) Off-street parking shall be provided in the amount of one (1) space per two (2) seats plus ten percent (10%) of the total required parking for seating related to live entertainment.
(b) One (1) space shall also be required for each thirty (30) square feet of dance floor, stage area or other area devoted to live entertainment.
(c) In no event shall required off-street parking be less than one (1) off-street parking space for each three (3) persons of maximum occupancy of such area devoted to live entertainment as established by the Uniform Construction Code regulations.
(5) Such building shall comply with the minimum requirements for fire safety, sanitary facilities and structural safety as established by the Uniform Construction Code.
B. Location Requirements.
(1) Such live entertainment shall be accessory to a permitted principal use in the B-2 or B-3 District as the case may be, and not more than twenty percent (20%) of the floor area of such use shall be devoted to the dance floor area, stage or other area occupied by live entertainment.
(2) Such use shall not be established on any parcel which abuts any premises used in whole or in part for residential purposes and shall not abut any premises in an R-District.
(3) A building housing such use to which live entertainment is accessory shall be located at least eight hundred (800) feet from any premises used as a public, parochial or private elementary, middle, junior high, high school, college or university, school, playground, municipal park or playground or premises upon which is located a place of worship, hospital or nursing home, nor shall such building housing a use to which live entertainment is accessory be located within eight hundred (800) feet of another building housing a use to which live entertainment is accessory.
An applicant for conditional use shall submit a site plan showing buildings, seating, off-street parking, ingress and egress to such parking, pedestrian walkways, exterior lighting, signs, drainage, landscaping plans and the interior layout of such building.
Churches, temples, and other places of worship shall be governed by the following conditional standards:
A. Area, Bulk and Yard Requirements
(1) Minimum lot area: 20,000 square feet.
(2) Minimum lot width: 100 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard:
(a) Principal building: 25 feet.
(b) Accessory building: 25 feet.
(5) Minimum side yard:
(a) Principal building: 10 feet.
(b) Accessory building: 10 feet.
(6) Minimum rear yard:
(a) Principal building: 25 feet.
(b) Accessory building: 10 feet.
(7) Maximum lot coverage: 30 percent.
B. Any church facility which maintains a school accredited by the State of New Jersey for elementary or high school grades shall also provide, in addition to the minimum lot standards for said church, temple or other place or worship, a minimum lot area as approved by the New Jersey State Board of Education.
C. Churches, temples and other places of worship shall also be consistent with the off-street standards identified in section 175-10.1 and the landscaping requirements noted in Article IX.
D. Churches and other houses of worship including church schools shall not provide any vehicular access or exit to public streets which is closer than 75 feet of a street intersection.
A. The provision of family day care centers as a conditional use in any residence that is allowed to maintain such a facility shall be in accordance with NJAC 10:126-1.1 et seq., commonly known as Chapter 126, Subchapters 1, 5 and 6 entitled "Provider Edition, Manual of Requirements for Family Day Care Registration" adopted November 7, 1988 as may be amended from time to time as well as the conditions of approval as outlined herein.
(1) Maximum Number of Children
(a) A provider shall be permitted to enroll, for a fee, no more than five children at any one time.
(b) A provider caring for children residing in the provider's home who are under six years of age may care for up to five children for a fee, provided that no more than eight children in total are present in the home at any one time.
(c) Children residing in the provider's home who are six years of age or older shall not be counted in the total number of children being cared for in the home.
(d) The provider shall care for no more than the following maximum number of children without a provider assistant:
(1) Infants refers to children under 15 months of age, including children residing in the provider's home.
(2) Toddlers refers to children aged two to six years, including children residing in the provider's home.
(3) Preschoolers refers to children aged two to six years, excluding children residing in the provider's home.
(4) School Ages refers to children aged six to 14 years, excluding children residing in the provider's home.
(e) A provider assistant shall be present whenever the provider is caring for more children than the maximum numbers specified in each of the Infants, Toddlers, Preschoolers and School Ages categories in (d) above.
(f) Although a provider assistant may be present, the provider shall care for no more than the maximum numbers of children specified herein.
(2) Physical Environment
(a) The provider shall ensure that adequate floor space is available for the children's activities;
(b) The temperature of rooms used by children is maintained at a minimum of 65 degrees Fahrenheit;
(c) Floors, walls, ceilings, furniture, equipment and other surfaces are kept clean and in good repair;
(d) Adequate ventilation is provided by means of open windows, fans, air conditioning or other mechanical ventilation systems;
(e) Warm and cold running water are available;
(f) Working indoor toilets are easily accessible to children;
(g) Play equipment, materials and furniture for indoor and outdoor use are of sturdy and safe construction, non-toxic, easy to clean and free of hazards that may be injurious to young children;
(h) The home contains sufficient furniture and equipment to accommodate the needs of the children in care; and
(i) A working telephone is available in the home:
(j) If no working telephone is available in the home, the provider shall demonstrate to the sponsoring organization that he or she is unable to afford the cost of installing and maintaining a telephone in the home; if the provider fails to demonstrate to the sponsoring organization that he or she is unable to afford the cost of installing and maintaining a telephone in the home, the provider shall install a working telephone in the home within 90 days; the provider shall care for no more than three children under two years of age or four children at least two years of age; a working telephone shall be accessible to the provider within five minutes from the home at all times when enrolled children are present; and if the provider must leave the home to use the telephone, the children shall either accompany the provider, the provider assistant, or a person at least 14 year old.
(3) Fire Safety
(a) The provider shall have a written plan for the emergency evacuation of the children from the home.
(b) The provider shall ensure that:
(1) At least one working smoke detector is installed on each floor of the home;
(2) All interior doors that can be locked from the inside have a means to be unlocked from the outside in case of emergency;
(3) All heating or cooling devices are adequately vented, protected by guards and kept clear of combustible materials;
(4) Woodburning stoves have protective barriers and are not accessible to children;
(5) Portable liquid fuel-burning heating appliances are not in use when children are in care;
(6) Stairways, hallways and exits from rooms and from the home are unobstructed, except for safety barriers; and
(7) Electric cords are maintained in good condition.
(4) General Safety
The provider shall ensure that:
(a) The home and its furnishings present no hazard to the health and safety of the children in care;
(b) All corrosive agents, insecticides, bleaches, detergents, polishes, medicines, poisonous plants, and all toxic substances are stored out of the reach of children;
(c) Non-permanent safety barriers are installed to prevent children from falling from stairs, ramps, balconies, porches or elevated play areas;
(d) All electrical outlets that are accessible to the children have protective covers; and
(e) A working flashlight is available for emergency lighting.
(5) Outdoor Space.
The provider shall ensure that:
(a) An adequate, safe outdoor play area is available either adjacent to or within walking distance of the home; and
(b) The provider, substitute provider, provider assistant, or a person at least 14 years old is supervising any children who use swimming pools and wading pools.
