The Planning Board shall, subject to the procedures, standards and limitations hereinafter set forth, have authority to review and approve or disapprove the issuance of permits authorizing the development of uses listed in § 163-142 below as conditional uses; provided, however, that, except as limited by § 163-153 of this chapter, the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a conditional use pursuant to § 163-170G of this chapter.
Conditional uses are those uses having some special impact or uniqueness which require a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect, giving effect to the proposals of the developer for ameliorating any adverse impacts or effect through special site planning and development techniques and contributions to the provision of public improvements, sites, rights-of-way and services.
Subject to the procedures, standards and limitations set forth in this section, the following uses, and none others, may be allowed as conditional uses in the zoning districts indicated:
A. 
Any use specifically listed as a conditional use in the regulations applicable to the district in which it is to be located.
B. 
Planned developments, subject to the additional procedures, standards and limitations set out in Part 5, Article XXVII, of this chapter.
C. 
Signs in or over public rights-of-way, but only when in compliance with all of the applicable provisions of § 163-71 of this chapter.
D. 
The use of a nonconforming lot of record for a use other than a detached single-family dwelling, but only in compliance with all of the provisions of Part 5, Article XXVIII, of this chapter.
E. 
In any district, public, private and parochial schools, elementary through high school, subject to the following additional standards:
(1) 
Access. For schools other than elementary schools, access to parking area for over 50 cars and to service areas shall be from arterial or collector streets or service roads.
(2) 
Buffer. All outdoor areas of concentrated activity shall be separated from adjoining residential property by a minimum of 30 feet or by a buffer found sufficient by the Planning Board to ensure visual and auditory privacy.
F. 
Any of the following uses in any district:
(1) 
Public parks, playgrounds and community centers, subject to the additional standard that all outdoor areas of concentrated activity shall be separated from adjoining residential property by a minimum of 30 feet or by a buffer found sufficient by the Planning Board to ensure visual and auditory privacy to such properties.
(2) 
Public utility stations, subject to the following additional standards:
(a) 
All buildings and structures shall either have exteriors which give the appearance of a structure permitted in the district where located or shall be screened from view from any private property located in any residential district, and any such screening located in or adjoining any front yard shall be limited to vegetation which provides effective year-round screening.
(b) 
All such uses shall be fenced where any hazard to the safety of human or animal life is present.
(c) 
No service or storage yard or building shall be permitted except as permitted for other uses in the district.
(d) 
Yards shall be provided as required by the district regulations.
(e) 
The level of noise emanating from such use shall not exceed 60 decibels (dBa's) measured at any lot line which is also the lot line of a residential use.
G. 
In the HW-C and AC Districts, freestanding outdoor retail sales, produce sales, food sales, flea markets and other similar type uses, subject to the following additional standards:
[Added 7-21-1993 by Ord. No. 53-1993[1]]
(1) 
Except as provided below, any such use shall comply with the yard, space and bulk requirements applicable in the district in question.
(a) 
In the AC District, the minimum front yard shall be 20 feet.
(b) 
All outdoor areas of concentrated activity shall be separated from adjoining residential property by a minimum of 30 feet or by a buffer found sufficient by the Planning Board to ensure visual and auditory privacy.
(2) 
A perimeter landscaped open space of a width of at least five feet shall be provided along every street line, and at least 10 feet shall be provided along any line adjoining a residential use.
(3) 
A twelve-foot aisle width between rows of booths shall be maintained.
(4) 
Freestanding identification signs are permitted, subject to the following limitations:
(a) 
The number of signs is limited to two, which are not to exceed 20 feet in height.
(b) 
The total area for those signs shall not exceed four square feet per linear foot of street frontage and under no circumstances shall exceed 300 square feet.
(5) 
Sanitary facilities shall be provided in accordance with the applicable standards as regulated by the Atlantic City Department of Health.
[1]
Editor's Note: Ordinance No. 59-2005, adopted 8-10-2005, amended this ordinance to provide that no flea markets are to be held on the Boardwalk at any time within the City of Atlantic City.
An application for issuance of a conditional use permit may be filed by the owner of or other person having a contractual interest in the subject property.
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, regarding prehearing conference and optional concept plan, was repealed 6-15-1988 by Ord. No. 1-1988.
B. 
Application. Applications for a permit for a conditional use shall be submitted to the Land Use Administrator in such number of duplicate copies as he may from time to time require. Nonrefundable application and hearing fees, as established pursuant to Part 1, Article III of this chapter, to help defray administrative costs and costs of a hearing shall accompany each application. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Land Use Administrator, but shall in all instances contain at least the following information and documentation:
(1) 
The applicant's name and address and his interest in the subject property.
(2) 
The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.
(3) 
The names and addresses of all professional consultants advising the applicant with respect to the proposed development.
(4) 
The street address and legal description of the subject property.
(5) 
The names and addresses of all owners of property located within 200 feet of the subject property as shown on the most recent property tax records.
(6) 
The zoning classification and present use of the subject property.
(7) 
The particular provision of this chapter authorizing the proposed conditional use.
(8) 
A general description of the proposed conditional use.
(9) 
A written statement addressing each of the standards set forth in § 163-145 below, and such additional standards, if any, as may be imposed by the specific provisions of this chapter authorizing such conditional use. The statement shall state specifically how the proposed conditional use relates to and meets each such standard.
(10) 
An application for preliminary site plan/subdivision approval, as required and defined in Part 5, Article XXII, of this chapter.
(11) 
Such other and further information or documentation as the Planning Board or the Land Use Administrator may deem to be necessary or appropriate to a full and proper consideration and disposition of the particular application.
C. 
Review and distribution by Land Use Administrator.
(1) 
Upon receipt of an application for a conditional use permit, the Land Use Administrator shall review it for completeness and compliance with the provisions of this chapter and shall promptly notify the applicant, in writing, of any deficiency either in the application or the required fee. Unless the applicant is informed, in writing, by the Land Use Administrator within 45 days following the actual submission of the application that it is deficient, the application shall be deemed complete as of the date it was submitted.
(2) 
Upon determining that the application is complete, the Land Use Administrator shall retain sufficient copies of the application for his review and files and shall distribute duplicate copies of the application as follows:
(a) 
To the members of the Planning Board.
(b) 
To the City Engineer.
(c) 
To the City Tax Assessor.
(d) 
To the City Health Officer.
(e) 
To the City Fire Protection Subcode Officer.
(f) 
To the City Construction Official.
(g) 
To such other officials of the City as the Land Use Administrator shall consider appropriate.
(h) 
To such consultants of the City as the Planning Board may direct.
D. 
Review and report by designated officials. Prior to the date set for hearing on the application for issuance of a conditional use permit, the Land Use Administrator and each City official or consultant to which the application has been referred shall file a written report thereon, with the Planning Board setting forth recommendations for changes in the plans submitted and for conditions on approval, if any, necessary to bring such plan into compliance with any applicable federal, state, county or City law, ordinance, regulation, plan or program or to eliminate any adverse effects of the proposed development on those aspects of the general health, safety and welfare of the community for which such official or consultant has special responsibility. One copy of each such report shall be filed with the Land Use Administrator and made available to the applicant and other interested persons pursuant to § 163-198J of this chapter.
[Amended 6-15-1988 by Ord. No. 1-1988]
E. 
Public hearing. A public hearing shall be set, noticed and conducted by the Planning Board in accordance with Part 5, Article XXXIII, of this chapter.
F. 
Action by Planning Board.
(1) 
Within 95 days following the filing of a complete application for issuance of a conditional use permit, the Planning Board shall render its decision, in the manner and form specified by § 163-23 of this chapter, either granting the application for a conditional use permit, granting it subject to conditions as specified in § 163-147 of this chapter or denying the application.
(2) 
The application for issuance of a conditional use permit shall be denied where the Planning Board finds either that the application and record fail to establish compliance with the standards made applicable to the proposed development by the provisions of this chapter; or that the proposed use, if developed in the manner proposed and at the proposed location, will be inconsistent with the standards applicable to it pursuant to the provisions of this chapter, or that the adverse impacts of the development, after taking into consideration any proposals of the applicant to ameliorate those adverse impacts and any conditions that might be imposed by the Planning Board pursuant to the provisions of this chapter to ameliorate those adverse impacts, outweigh any public or private benefits of the proposal and require denial of the conditional use approval in the interest of the overall public health, safety and welfare of the City, its residents and its visitors; or that any grounds exist pursuant to Part 5, Articles XIX through XXV, of this chapter, for denial of preliminary site plan or subdivision plat approval.
(3) 
The failure of the Planning Board to act within 95 days or such longer period of time as may be agreed to by the applicant shall constitute approval of the application.
(4) 
Within 10 days following such decision or the expiration of such period without any decision, the Land Use Administrator shall publish notice and mail a certificate of such decision or failure to act to all parties entitled thereto as provided by § 163-200 of this chapter.
[Amended 6-15-1988 by Ord. No. 1-1988]
G. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection G, Action by applicant, was repealed 6-15-1988 by Ord. No. 1-1988.
H. 
Ancillary powers of the Planning Board; simultaneous review and approval of applications.
(1) 
Variances. When reviewing applications for issuance of a conditional use permit pursuant to this article, the Planning Board shall have the power to grant, to the same extent and subject to the same provisions, conditions and limitations as applicable to the Board of Adjustment, the following:
(a) 
Variances pursuant to § 163-166 of this chapter from space, bulk and yard requirements.
[Amended 6-15-1988 by Ord. No. 1-1988]
(b) 
Variances and directions pursuant to § 163-168D(1) of this chapter for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to § 163-46B of this chapter.
(c) 
Variances and direction pursuant to § 163-168D(2) of this chapter for issuance of a permit for a building or structure not related to a street.
(2) 
Site plans, subdivisions and planned developments. When reviewing applications for issuance of a conditional use permit pursuant to this article, the Planning Board shall have the power to review and approve or deny applications for site plan subdivision approval, pursuant to Part 5, Articles XIX through XXV, of this chapter, and applications for planned development approvals pursuant to Part 5, Article XXVII, of this chapter.
(3) 
Applications for additional approvals. Whenever, in addition to approval of an application for issuance of a conditional use permit pursuant to this article, the applicant will, in connection with the proposed development, require any of the approvals authorized by Subsection H(1) and (2) of this section, the applicant shall indicate that fact at the prehearing conference required by Subsection A of this section and shall, at the time of filing an application for issuance of a conditional use permit, file applications for all other required approvals.
(4) 
Notice of applications for additional approvals. Whenever, in connection with an application for issuance of a conditional use permit pursuant to this article, the applicant files an application for other approvals pursuant to this section, all required notices shall include reference to the request for any and all additional approvals.
(5) 
Procedures and action by Planning Board. Whenever, in conjunction with an application for issuance of a conditional use permit, an applicant files applications for other approvals pursuant to this section, the Planning Board shall review and process all such applications at the same public hearing. In reviewing such combined applications, the Planning Board shall, except as hereinafter provided with respect to limitations on the time for taking action, comply with all of the provisions of this chapter applicable to each of the applications. Where, pursuant to the ancillary jurisdiction granted by this section, the Planning Board is reviewing an application subject to the primary jurisdiction of the Board of Adjustment, all provisions of this chapter applicable to the Board of Adjustment in reviewing such an application shall be deemed to refer to and to apply to the Planning Board. The Planning Board shall act on any such combined application within the longest time period, not to exceed 120 days, applicable to any one of the individual applications included in the combined application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within such period of time shall constitute approval of the application. The Land Use Administrator shall issue notices and certificates of such action or failure to act in accordance with the Provisions of this chapter applicable to the various applications involved.
[Amended 6-15-1988 by Ord. No. 1-1988]
A. 
Use standards. No application for issuance of a conditional use permit shall be approved unless the Planning Board shall find that the proposed conditional use is appropriate in the location proposed based upon its consideration of the following criteria in light of the provisions of Subsection E below:
(1) 
The proposed use shall be in harmony with the general purpose, goals, objectives and standards of the Master Plan, the capital improvements program, the Official Map and any other plan, program, map or ordinance adopted or under consideration pursuant to official notice by the City or other governmental agencies to guide growth and development. The proposed use shall be of such a nature and shall be so planned and developed as to avoid any domination of the immediate vicinity or any interference with the development and use of neighboring property in accordance with the applicable district regulations and as to avoid any destruction, loss or damage of natural, scenic or historic features of significant importance.
(2) 
There shall be a community need for the proposed use at the proposed location in light of existing and proposed uses of a similar nature in the area and the need to provide or maintain a proper mix of uses, both within the City and also within the immediate area of the proposed use. The Planning Board shall not grant any conditional use permit unless it is able to find that the proposed use in the proposed location will not result in either a detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use and that the area proposed for the proposed use is not, and is not likely to become, as a result of the implementation of the policies and provisions of the Master plan, the capital improvements program, the Official Map, this chapter or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice by the City or other governmental agency having jurisdiction, necessary or more appropriate for the development of uses other than the use proposed.
(3) 
The proposed use at the proposed location shall not result in a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, public improvements, public sites or rights-of-way or other matters affecting the public health, safety and general welfare either as they now exist or as they may in the future be developed as a result of the implementation of provisions and policies of the Master Plan, the capital improvements program, the Official Map, this chapter or any other plan, program, map or ordinance adopted or under consideration pursuant to official notice by the City or other governmental agency having jurisdiction to guide growth and development.
B. 
Infrastructure standards.
(1) 
No application for issuance of a conditional use permit shall be approved unless the Planning Board shall find, in light of the provisions of Subsection E below, that the proposed use in the proposed location is adequately served by and will not impose and undue burden upon any of the improvements, facilities, utilities and services specified in this subsection. Where any such improvements, facilities, utilities or services are not available or adequate to service the proposed use in the proposed location, the applicant shall, as part of his application and as a condition to approval of the proposed conditional use permit, be responsible for establishing his ability, willingness and binding commitment to provide such improvements, facilities, utilities and services in sufficient time and in a manner consistent with the Master Plan, the capital improvements program, the Official Map, this chapter and other plans, programs, maps and ordinances adopted by the City to guide its growth and development, and the approval of the conditional use permit shall be conditioned upon such improvements, facilities, utilities and services being provided and guaranteed by the applicant pursuant to the provisions of §§ 163-127 through 163-133 and § 163-136 of this chapter.
(2) 
The criteria to be met pursuant to this subsection are as follows:
(a) 
The proposed use shall be served adequately by and shall provide or contribute to public improvements, sites and rights-of-way to the extent specified in § 163-128B of this chapter.
(b) 
The proposed use shall be served by or shall provide proper pedestrian and public transportation linkages, both within the immediate area of the proposed development and with other parts of the City and region.
(c) 
Essential municipal and quasi-public services, such as transportation, police and fire protection, social and health services, education, recreation and sanitation, shall be adequate to serve the needs of the proposed development in the proposed location, and the proposed development shall be so designated and planned as not to overburden such services in light of existing limitations and probable future demands.
(d) 
The proposed use shall be served by adequate public and private open space, both in the immediate vicinity of the proposed use and throughout the City. The Planning Board shall, in considering this criterion, consider the adequacy of such open spaces both in terms of site design and buffering and in terms of open space needs of the permanent or transient population likely to be generated by the proposed use.
(e) 
The existing, or proposed to be developed, housing stock shall be adequate in terms of price, location, size of dwellings and availability to house the projected work force of any proposed industrial, commercial or resort use.
C. 
Site design standards. No application for issuance of a conditional use permit shall be approved unless the Planning Board shall find, in light of the provisions of Part 5, Articles XIX through XXV, of this chapter, that the site plan/subdivision plat of the proposed use addresses and is consistent with the standards established by §§ 163-127 through 163-133 of this chapter for site plan/subdivision plat approval.
D. 
Other regulations. No application for issuance of a conditional use permit shall be approved unless the Planning Board shall find that, in addition to complying with each of the general standards made applicable to all conditional uses by this section and each of the specific standards made applicable to the proposed conditional use by the provisions of this chapter applicable to the particular conditional use being proposed, the proposed conditional use complies with all of the standards applicable to site plans and subdivision plats pursuant to Part 5, Articles XIX through XXV, of this chapter; all of the standards, except to the extent waived, varied or modified pursuant to the provisions of this chapter, applicable in the zoning district in which the proposed conditional use will be located; and all other standards made applicable to the proposed conditional use by other federal, state, county and City laws, ordinances and regulations to which it is subject.
E. 
General considerations. In determining whether the evidence establishes that the foregoing standards have been met, the Planning Board shall consider the following:
(1) 
Existing conditions.
(2) 
Planned and proposed public and private developments which are likely to develop in time to remedy, compensate for or ameliorate any adverse impacts of the proposed use on or as a result of existing conditions.
(3) 
Planned and proposed public and private developments which may be adversely affected by the proposed use.
(4) 
Proposals by the applicant to remedy, compensate for or ameliorate any adverse impacts of the proposed development on or as a result of existing conditions or planned and proposed developments.
(5) 
Whether and to what extent the proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience or which will contribute to the general welfare of the neighborhood or the City.
(6) 
Whether and to what extent such public goals can be met by the location of the proposed use at some other site or in some other area which may be more appropriate than the proposed site.
(7) 
Whether and to what extent all steps possible have been taken by the developer to minimize any adverse effects of the proposed use on the immediate vicinity and on the general health, safety and welfare of the City through building and site design, installation of public improvements and contributions to public and private programs designed to respond to the impacts of the proposed use.
Where the district regulations authorizing any conditional use in a particular district impose additional standards to be met by such use in such district or where other provisions of this chapter or other laws, ordinances or regulations authorizing the particular use proposed or regulating such use or the particular land area proposed for its development impose special standards on the planning, design, construction or operation of such use or the development or use of such land, a permit for such use shall be granted only if evidence is presented to establish compliance with such additional standards.
A. 
The Planning Board may, in approving the issuance of any conditional use permit, impose such restrictions and conditions upon such approval, the proposed use and the premises to be developed or used pursuant to such approval as may be necessary to ensure the compatibility of the proposed use and development with surrounding development; the compliance and consistency of the proposed use and development with the standards of this chapter and the general purposes, goals and objectives of this chapter, the Master Plan, the capital improvements program and the Official Map; and to prevent or minimize adverse effects from the proposed use and development upon other properties in the neighborhood and upon the general health, safety and welfare of the entire City.
B. 
Every conditional use approval shall be conditioned upon the filing and final approval of a final site plan/subdivision plat pursuant to Part 5, Articles XIX through XXV, of this chapter and upon the developer's continuing compliance with all applicable laws, ordinances and regulations and all conditions imposed upon such approval.
C. 
All conditions imposed upon any conditional use approval, except to the extent made applicable to such approval by the express terms of this chapter, shall be expressly set forth in the resolution granting such approval. The violation of any condition upon any such approval shall be a violation of this chapter and grounds for revocation of such permit pursuant to § 163-152 below.
[1]
Editor's Note: Former § 163-148, Filing of affidavit; fee, was repealed 6-15-1988 by Ord. No. 1-1988.
The issuance of a permit for a conditional use shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the City and other governmental agencies having jurisdiction, including but not limited to approval of a final site plan/subdivision plat, a certificate of land use compliance, a building permit and a certificate of occupancy.
A. 
No conditional use approval granted pursuant to this chapter shall be valid for a period longer than that permitted by § 163-107 of this chapter for filing a final site plan/subdivision plat or, in case no such plan or plat is required, for a period longer than one year from the date of issue, unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or an occupancy permit is obtained and a use commenced within that period.
B. 
A permit for a conditional use shall be deemed to authorize only the particular use for which it was issued.
[Amended 6-15-1988 by Ord. No. 1-1988]
Following the issuance of a conditional use permit pursuant to the provisions of this chapter, such permit may be amended, varied or altered only pursuant to the standards and procedures established by this article for its original approval.
In addition to the other penalties and remedies for violations of this chapter, it shall be a condition of every conditional use approval that such approval may be revoked for violation of any condition imposed upon such approval either by the provisions of this chapter or by the provisions of the resolution granting such approval; provided, however, that no such permit shall be revoked except by resolution of the Planning Board, in the form specified by § 163-23 of this chapter, adopted following a public hearing, advertised and conducted by the Planning Board in same manner as provided for the original approval of the permit, whereat the existence of such violation is established.