ARTICLE XIV Conditional Use

§197-64. Conditional uses permitted.

A. Pursuant to P.L. 1975, Chapter 291 and amendments thereto, the Planning Board may grant conditional uses as herein permitted and regulated. Said conditional uses shall be limited to:

(1) Institutional uses such as nonprofit churches, public or private schools and libraries.

(2) Municipal uses for any municipal purpose by the Borough of Kenilworth on any property, easement or right-of-way owned or leased by it.

(3) Community residences for developmentally disabled and community shelters for victims of domestic violence.

(4) Conditional uses allowed in specific zoning districts.

B. As used in this chapter, community residence for the developmentally disabled means any community residential facility licensed pursuant to P.L. 1977, Chapter 448 and amendments thereto.



C. Community shelter for victims of domestic violence means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, Chapter 337 and amendments thereto.

§197-65. Applications for conditional uses.

A. Application for a permitted conditional use shall be made in accordance with procedures set forth in this chapter and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the borough, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community.

B. In reviewing an application for a conditional use, the Board shall give reasonable consideration to:

(1) Character of the neighborhood.

(2) Conservation of property values.

(3) Health and safety of residents and workers on adjacent properties in the surrounding neighborhood.

(4) Potential congestion of vehicle traffic or creation of undue hazard.

(5) Pedestrian safety.

(6) Effect on the use and enjoyment of adjacent properties.

(7) The nature and intensity of the use.

(8) Adequacy of utility, drainage and other facilities.

(9) Stated principles and objectives of this chapter and the Master Plan of the Borough of Kenilworth.