[Amended 9-8-1987 by Ord. No. 12-87]
Recognizing that certain uses, activities and structures are
necessary to serve the needs and provide for the convenience of the
citizens of the Township of Eagleswood and, at the same time, appreciating
the fact that they or any one of them may be or may become inimical
to the public health, safety and general welfare of the community
if located without due consideration to the existing conditions and
surroundings, such uses are designated as conditional uses subject
to the standards and regulations hereby established. These standards
and regulations are intended to provide the Land Use Board with a
guide for reviewing applications for conditional uses as provided
for by this chapter. As a result of the review procedure, the applicant
may be required to meet additional standards and regulations imposed
by the Land Use Board during site plan review which are in keeping
with and will further the intent of these standards and regulations.
Such standards and regulations shall be provided for and maintained
as a condition of the establishment and maintenance of any use to
which they are a condition of approval. In acting upon an application
for conditional use approval, the Land Use Board shall be guided by
the following standards and principles:
A.
The use for which an application is being made is specifically listed
as a conditional use within the zone where the property is located.
B.
The design, arrangement and nature of the particular use is such
that the public health, safety and welfare will be protected and reasonable
consideration is afforded to the following:
(1)
The compatibility of the proposed use(s) and/or structure(s) within
the existing neighborhood.
(2)
The potential effect that the proposed use(s) and/or structure(s)
will have upon property values.
(3)
The adequacy of the proposed parking and traffic circulation for
the use(s) and/or structure(s) and the potential for traffic congestion
and/or the creation of undue traffic hazards.
(4)
The need for such facility or use(s) to serve the area in which it
is to be located.
(5)
The adequacy of proposed drainage facilities which will serve the
use(s) and/or structure(s).
(6)
The adequacy of plans for screening any adverse aspects of the use(s)
and/or structure(s) from adjoining properties.
(7)
The adequacy of proposed outdoor lighting.
C.
All conditional uses shall also be required to obtain site plan approval,
unless otherwise specified in this chapter.
D.
Conditional uses shall adhere to the additional standards specified
for the particular use under this article except where no additional
standards are specified herein.
E.
No use specified within this article shall be considered a conditional
use unless it is specifically listed as a conditional use in the zone
district regulations.
[Amended 9-8-1987 by Ord. No. 12-87]
A.
Home professional offices. Home professional offices may be permitted
as a conditional use in those zones specified, provided that the use
and/or structures shall adhere to the minimum standards of the particular
zone and the following:
(1)
Not more than one professional and one professional only, without
associates or partners, may utilize the office, except that one additional
professional may be permitted, provided that both professionals are
members of the same immediate family, which includes parents, children
and spouses only.
(2)
Not more than two persons may be employed as office personnel.
(3)
The portion of the dwelling devoted to professional office use shall
not exceed 30% of the total floor area of the dwelling.
B.
Home occupation. Home occupation may be permitted as a conditional
use in those zones specified, provided that the use and/or structures
shall adhere to the minimum standards of the particular zone and the
following:
(1)
There shall be no more than two employees other than the bona fide
residents of the dwelling.
(2)
The portion of the dwelling utilized for the home occupation shall
not exceed 50% of the first floor area of the dwelling.
(3)
The occupation shall be conducted entirely within the dwelling or
within an accessory building or buildings.
(4)
No sounds shall be audible outside the building.
A.
Application. Each application for a conditional use permit shall
be made to the Land Use Board. The Land Use Board shall promptly proceed
to determine the effect the approval of the application would have
upon the comprehensive planning of the Township and make its decision
within 95 days.
B.
Each application shall be accompanied by preliminary site plans which
show detailed location of proposed buildings, off-street parking facilities,
storm drainage flow and construction and sanitary facilities. Also,
such plans shall indicate adjoining property and adjacent streets,
with proposals for traffic flow and street connections or proposed
street extensions. The plan shall also indicate the gross area of
the plot, number of units, number of parking stalls to be provided
and, where applicable, docking facilities and such other details as
are required under special use categories hereafter set forth. A separate
location map shall also be submitted, showing existing land uses,
buildings and zoning on the property and within 200 feet of said property.
C.
Hearing and notification. Prior to action upon a request for conditional
use permit, the Land Use Board shall schedule a hearing in respect
thereto. The applicant shall serve notice on all property owners within
200 feet of the extreme limits of the property affected by the application
and shall, at least 10 days prior to said hearing date, give personal
notice to those affected property owners who are residents of the
municipality in which the property is located by handing a copy thereof
to the property owners or by leaving a copy thereof at their usual
places of abode. Whenever the property owners are nonresidents of
said municipality, such notice shall be given by serving written notice
by registered mail to the last known address as shown by the most
recent tax list of said municipality. Such notice shall state the
location of the building or lot, the general nature of the questions
involved, the reason or reasons for the application, what provisions
of this chapter will apply and the time and place of the hearing.
The applicant shall otherwise comply with all rules and regulations
adopted by the Land Use Board and the laws of the State of New Jersey.
