A. No use shall be established, maintained or conducted in any district so that the same will cause any of the following
(1) Dissemination of smoke, fumes, gas, dust, fly ash or any other atmospheric pollutants.
(2) Vibration beyond the boundaries of the lot an which such use is conducted.
(3) Odors noticeable at the lot line or beyond.
(4) Direct or reflected glare visible at the lot line.
(5) Physical hazard by reason of fire, explosion, radiation or similar cause to the property in the same or adjacent district.
B. Any use established in any district shall meet all requirements of the New Jersey Air Pollution Control Code, as amended and augmented by regulations now in effect or hereafter adopted; the New Jersey Noise Control Act of 1971, as amended and augmented by regulations now in effect or hereafter adopted; the New Jersey Water Pollution Control Act of 1977, as amended and augmented by regulations now in effect or hereafter adopted; and all other applicable state and federal environmental control legislation.
C. Enforcement of performance standards. Satisfactory evidence shall be presented to the administrative officer that the proposed use shall conform to the performance standards above. The administrative officer may obtain expert advice, at the expense of the applicant, regarding performance standards.
D. Revocation of construction permit and/or certificate of occupancy. In the event of failure to comply with any provisions of this section, and any performance standard as stated herein, the Administrative officer shall revoke the construction permit or certificate of occupancy or take such other steps as may be lawful to enforce such provisions.
A. Site plan approval required. All conditional uses are subject to site plan approval as set forth in the Site Plan Review Ordinance.
The following uses are established as conditional uses in the zones designated below, subject to the requirements of
The following specific standards shall apply to the conditional uses listed in the Schedule of Conditional Uses:
A. Elementary and secondary schools, provided that all requirements for the zone are met except as follows:
(1) Elementary and secondary uses subject to public school facility regulations pursuant to N.J.S.A. 18A:18A-16 as now or hereafter amended, provided that the following condition is met: The capital project plan proposed shall have been presented to the Nutley Township Planning Board pursuant to N.J.S.A. 40:55D-3 1.
(2) Elementary and secondary uses which are exempt from the provisions of N.J.S.A. 18A:18A-16 shall be subject to fulfillment of the following conditions:
(a) Site plan approval as set forth in the Nutley Site Plan Ordinance.
(b) The lot shall be sufficient size for the following:
[1] The placement of the school facility.
[2] The placement of all other structures such as greenhouses, storage buildings, school bus maintenance buildings or garages and any other structures, above or below ground, which is to be placed thereon.
[3] There shall be multipurpose physical education and recreation field(s), both indoor and outdoor, which are required to support the achievement of the Core Curriculum Content Standards as defined by the educational specifications under New Jersey law and to ensure participation in traditional physical education programs and organized team activities such as softball, soccer, etc.
[4] There shall be disabled-access pedestrian walkways, roadways, and parking areas on which people and vehicles access the building.
[5] There shall be public and service access roads onto the site, including, where warranted, a one-way school bus road of thirty-foot width and a two-way road of thirty-six-foot width; a school bus drop-off area sufficient to accommodate at least four school buses; and an eighteen-foot wide posted fire lane for fire apparatus.
[6] There shall be thirty-foot wide access around the entire building.
[7] There shall be sufficient access for fire and emergency vehicles from at least two separate access points.
(c) Minimum lot size shall be sufficient to accommodate the foregoing, but in no event less than five acres.
(d) Minimum side yard: 30 feet.
(e) Minimum rear yard: 30 feet.
(f) A dropoff area shall be provided for at least four buses, type 1, 40 passengers.
(g) Notwithstanding any other section of this chapter, where any elementary school or secondary school adjoins a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
B. Nursery schools and day-care centers, both licensed by the State of New Jersey; provided that:
(1) Any outdoor play area is located at least 10 feet from any property line in any residence zone and that such play area is screened by an evergreen hedge or landscaped wood fence or landscaped solid decorative masonry wall at least four feet in height in conformance with applicable codes.
(2) The lot containing the nursery school or day-care center shall contain at least 10,000 square feet and shall be at least 75 feet wide..
(3) A dropoff area accommodating at least two cars shall be provided on the property.
C. Satellite dishes, as defined in
(1) There shall be one satellite dish per lot or principal structure, whichever is less, and shall be solely an accessory structure to a principal use.
(2) The dish shall be no more than 10 feet in diameter and no higher than 11 feet from the base (including the stand) to the highest point of its outer circumference, with any extensions.
(3) The satellite dish shall be the mesh variety, shall contain no lettering, advertising or identification markings and shall be of a color which best blends with the surroundings.
(4) The location of satellite dish shall be as follows:
(a) Rear yard.
[1] Satellite dishes shall be located in the rear yard. It shall be at least 10 feet away from the principal structure, eight feet away from adjoining property line, at least 50 feet away from any side street line and at least 50 feet away from any front street line.
[2] If the location of the satellite dish in the rear yard is satisfactory for purposes of receiving satellite signals but the applicant is unable to comply with the setback requirements of this subsection, then the Planning Board, without application fee, shall have the authority to adjust the setback requirements consistent with the purpose of this subsection.
(b) Side yard.
[1] The satellite dish must be at least five feet away from the principal structure, 10 feet away from any side street line, eight feet away from adjoining property line and at least 50 feet from the front street line.
[2] If the location of the satellite dish in the side yard is satisfactory for purposes of receiving satellite signals but the applicant is unable to comply with the setback requirements of this subsection, then the Planning Board, without application fee, shall have the authority to adjust the setback requirements consistent with the purposes of this subsection.
(c) In the event that the location of the satellite dish in the side yard and the rear yard imposes an unreasonable limitation on or prevents the reception of satellite-delivered signals by the applicant or imposes costs on the applicant that are excessive in light of the purchase and installation costs, then the Planning Board, without application fee, may authorize a permit to place a satellite dish on top of existing structures, consistent with the safety, health and aesthetic objectives of the Township and the ability to receive signals.
(5) Where the applicant desires a permit for the placement of a satellite dish in a location other than the rear yard, the applicant shall have the burden of proving the unreasonableness of the rear or 'side yard location. A location shall be considered reasonable if the applicant is able to receive usable satellite signals from the major communication satellites.
(6) Whenever the satellite dish is placed in the rear yard or in a location other than atop the principal structure, all wiring to or from the dish shall be placed underground.
(7) It is the purpose of this subsection to regulate the construction, erection and use of satellite dishes consistent with a citizen's right to receive and utilize satellite signals. The size and shape of satellite dishes present health, safety and aesthetic concerns to the community, and it is the purpose of this subsection to locate the satellite dishes in the rear yard whenever and wherever possible. It is further the purpose of this subsection to locate the satellite dishes on the ground. Finally, it is the purpose of this subsection to limit rooftop locations of satellite dishes to those applicants who are unable to receive satellite signals at other reasonable locations upon the property.
(8) The Planning Board shall not be permitted to charge any fees for consultants retained by the Board in connection with any application under this subsection.
(9) A transmitting dish in a residential zone or a residential use in a mixed use zone is not a permitted use, except for amateur radio operators licensed by the Federal Communications Commission at the licensee's authorized station location. The Planning Board is hereby authorized to grant a conditional use permit for such antennas subject to reasonable requirements, consistent with orders and opinions of the Federal Communications concerning public health and aesthetics.
(10) All applications for satellite dishes shall be accompanied by a certified survey map showing location, setbacks, height, size, type of construction and direction of orientation of the dish. Plans shall be drawn to scale. Height shall be measured from the ground level.
(11) Notwithstanding the above, in a P.R.D. Zone a single maximum ten-foot-diameter master satellite dish serving the townhouse units in individual sections of the P.R.D. Zone shall be permitted, provided that the satellite dish shall be set back a minimum of 50 feet from the boundary lines of the P.R.D. and a minimum of 10 feet from the structures.
D. Public utility buildings and facilities.
(1) The proposed installations shall meet all the requirements of the Public Utilities Commission.
(2) The minimum lot area for the zone district in which the use is located shall be met.
(3) All yard and setback requirements of the zone district shall be met; provided, however, that no yard shall be less than the height of the facility nor shall any facility be located within 100 feet of a residential district boundary line.
(4) Adequate off-street parking shall be provided. Parking areas and driveways shall meet parking setback requirements of the zone district.
(5) Building design shall be consistent with the character of the neighborhood in which the use is to be located.
(6) The Board may impose such conditions as it may deem appropriate with respect to, among other matters, traffic and parking arrangement, the amount of off-street parking, building design and appearance and landscaping.
(7) Notwithstanding any other section of this chapter, where a public utility building or facility abuts a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
E. Community residences for the developmentally disabled and community shelters for victims of domestic violence, subject to the following standards:
(1) Shall be permitted as a conditional use in all residence districts, provided the group home houses more than six persons, but no more than fifteen persons, excluding resident staff.
(2) All setbacks, maximum lot coverage and height shall comply with the requirements for the residence district in which the group home is located.
(3) One off-street parking space shall be provided for each staff member on the shift with the greatest number of staff members.
(4) All principal and accessory structures shall be designed and constructed so as to be compatible with the appearance of a one-family residence.
(5) No such residence shall be located within 1,500 feet of another property devoted to the same use.
(6) All such residences shall be fully licensed by the State of New Jersey.
(7) A conditional use permit need not be issued if the facilities within the Township exceed, exclusive of residential staff, 50 persons or 1/2 of one percent of the population of the Township, whichever is greater.
F. Houses of worship, together with religious uses related thereto, subject to the following standards:
(1) Minimum lot size: 25,000 square feet.
(2) Minimum lot width: 200 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard: 25 feet.
(5) Minimum side yard: 20 feet.
(6) Minimum rear yard: 25 feet.
(7) Maximum height (exclusive of steeples): three stories; 35 feet
(8) Maximum coverage: 35%.
(9) Notwithstanding any other section of this chapter, where a house of worship adjoins a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet height at planting.
G. Clubhouses for civic, charitable, recreational, cultural, veterans or fraternal organizations, subject to the following standards:
(1) Minimum lot size: 25,000 square feet.
(2) Minimum lot width: 200 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard: 25 feet.
(5) Minimum side yard: 20 feet.
(6) Minimum rear yard: 25 feet.
(7) Maximum coverage: 35%.
(8) Maximum building height: two stories; 30 feet.
(9) Parking: two for each five persons of maximum seating capacity by the Uniform Construction Code.
(10) Notwithstanding any other section of this chapter, where a clubhouse adjoins a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
H. Automobile parking lots on premises other than those upon which the use is located and which are needed for partial or complete compliance to minimum off-street parking requirements of Article X, subject to the following standards:
(1) All such spaces through ownership or long-term lease shall be under the control of the owner or operator of the use to which such spaces are appurtenant. The legal instrument containing proof of ownership or lease shall be filed with the application for a conditional use. The certificate of occupancy for use or uses served by the off-premises parking spaces granted under this subsection shall be valid only for such time period as the facilities are available as required, unless application is made for an alternate location or variance, as the case may be.
(2) All such parking areas shall be located on the same street and within 500 feet of the entrance to the building which the parking area serves.
(3) No such parking areas shall be located in any district where the use it serves is prohibited.
(4) During or prior to the required public hearing, reports from the Department of Public Safety concerning policing, traffic and pedestrian activity shall be received and considered. The Planning Board may impose conditions in approving the conditional use to insure that the parking lot shall be properly integrated and sufficiently screened so as not to be offensive or detrimental to adjoining residential properties. The Planning Board shall also have the authority to specify any conditions as to security and operations it may deem reasonably necessary.
(5) Notwithstanding any other section of this chapter, where a off-premises parking lot adjoins a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
I. Gasoline filling stations, automobile service stations, auto repair shops and public garages, subject to the following standards:
(1) Minimum lot area: 10,000 square feet.
(2) Minimum lot width: 100 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard: 20 feet to canopy or nearest pump island; 30 feet to principal building.
(5) Minimum rear yard: 10 feet.
(6) Minimum side yard: 10 feet.
(7) Maximum coverage: 20%, including canopy.
(8) Maximum height: one story, 15 feet.
(9) Required parking pursuant to Article X. There shall be a minimum of one on-site parking space for each two employees, and one parking space for each service vehicle. There shall be no repairs conducted outside of the building. There shall be no sale or rental of vehicles.
(10) A report shall be obtained from the Police and Fire Departments, and any recommendations in that report shall be considered by the Planning Board.
(11) All signs shall comply with the regulations of this chapter.
(12) Notwithstanding any other section of this chapter, where a gasoline filling station abuts a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
J. Used car lots, subject to the following standards:
(1)Minimum lot area: 10,000 square feet.
(2) Minimum lot width: 100 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard: 10 feet for parked cars; 20 feet for building.
(5) Minimum rear yard: 10 feet.
(6) Minimum side yard: 10 feet.
(7) Maximum coverage: 15%.
(8)Maximum eight: one story; 15 feet.
(9) There shall be a minimum of one on-site parking space for each two employees. There shall be no repairs conducted on the site. There shall be no string lighting, banners or pennants. All signs shall comply with the regulations of this chapter.
(10) A report shall be obtained from the Police and Fire Departments, and any recommendations in that report shall be considered by the Planning Board.
(11) All necessary state permits and licenses shall be obtained.
(12) Notwithstanding any other section of this chapter, where a used car lot abuts a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
K. Car washes, subject to the following standards:
(1) Minimum lot area: 10,000 square feet.
(2) Minimum lot width: 100 feet.
(3) Minimum lot depth: 100 feet.
(4) Minimum front yard: 25 feet.
(5) Minimum rear yard: 10 feet.
(6) Minimum side yard: 10 feet.
(7) Maximum coverage: 20%.
(8) Maximum height: one story; 15 feet.
(9) There shall be a minimum of one on-site parking space for each three employees. There shall be no repairs conducted on the site. There shall be no string lighting, banners or pennants. All signs shall comply with the regulations of this chapter.
(10) There shall be stacking for at least eight cars an the site.
(11) Drainage plans and calculations prepared by a licensed engineer shall be submitted and approved by the Township Engineer.
(12) A report shall be obtained from the Police and Fire Departments, and any recommendations in that report shall be considered by the Planning Board.
(13) Notwithstanding any other section of this chapter, where a car wash abuts a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
L. Hospitals and nursing homes for the intermediate or long term care of human beings as regulated by state law, subject to the following standards:
(1) Minimum lot size: four acres.
(2) Minimum lot width: 400 feet.
(3) - Minimum lot depth: 400 feet.
(4) Minimum front yard: 35 feet.
(5) . Minimum rear yard: 25 feet.
(6) Minimum side yard: 20 feet.
(7) Maximum coverage: 35%.
(8) Maximum height: three stories; 35 feet.
(9) Off-street parking shall be provided in accordance with Article X of this chapter.
(10) Notwithstanding any other section of this chapter, where a hospital or nursing home abuts a residential use or residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
M. Immediate care facilities, subject to the following standards:
(1) Minimum lot area: 40,000 square feet.
(2) Minimum lot width: 200 feet.
(3) Minimum lot depth: 200 feet.
(4) Minimum front yard: 25 feet.
(5)Minimum rear yard: as per zone requirements.
(6)Minimum side yard: as per zone requirements.
(7) Maximum coverage: 35%.
(8)Maximum building height: two stories; 25 feet.
(9) Parking: one space for each 200 square feet of total floor area.
(10) Notwithstanding any other section of this chapter, where an immediate- care facility abuts a residential use of a residential zone, there shall be a ten-foot-wide landscaped strip adjoining the residential lot line, unless a wider buffer is specifically required. The landscaping shall consist of densely planted evergreens at least six feet high at planting.
