[Amended 11-17-1980; 5-17-1982; 6-21-1982; 10-18-1982; 2-4-1985]
A. 
Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Township of North Brunswick and, at the same time, recognizing that such uses may be or may become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses. In addition to other powers conferred by this chapter and applicable statutes, the Planning Board shall have jurisdiction and power to approve conditional uses, under the terms and conditions established by this chapter under the following stipulations and guiding principles:
(1) 
The use for which application is being made is specifically authorized as a conditional use in the Article of this chapter for the zoning district in which it is located.
(2) 
The design, arrangement and nature of the particular uses is such that the public health, safety and welfare will be protected and reasonable consideration afforded to the:
(a) 
Character of the neighborhood and zone.
(b) 
Conservation of property values.
(c) 
Health and safety of residents or worker on adjacent properties and in the surrounding neighborhood.
(d) 
Potential congestion of vehicular traffic or creation of undue hazard.
(e) 
Principles and objectives of this chapter and the Master Plan of the Township of North Brunswick.
B. 
All applications for conditional uses shall require site plan approval.
Private and parochial schools, excluding institutions of higher learning or private trade or business schools, may be permitted as conditional uses in certain zone districts as provided for in this chapter, provided that:
A. 
The curriculum of the proposed school shall be approved by the New Jersey Department of Education.
B. 
Lot area and coverage.
(1) 
The minimum lot area for an elementary school shall be 10 acres, plus one additional acre for each 100 pupils.
(2) 
The minimum lot area for an intermediate school shall be 20 acres, plus one additional acre for each 100 pupils.
(3) 
The minimum area for a high school shall be 30 acres, plus one additional acre for each 100 pupils.
(4) 
No more than 10% of the site shall be covered by buildings.
C. 
The minimum street frontage for an elementary school shall be 500 feet. The minimum street frontage for all other schools shall be 700 feet.
D. 
A front and rear yard, each with a depth of not less than 100 feet, and two side yards, each with a width of not less than 100 feet, shall be provided. No parking or play area shall be allowed within 75 feet of any street or property line, and no buildings shall be allowed within 125 feet of any street or property line.
E. 
Off-street parking. Elementary schools shall provide one parking space for each staff member or employee, plus one parking space for each 10 pupils, plus adequate space for buses and delivery vehicles. All other schools shall provide one parking space for each staff member or employee, plus one parking space for each five pupils, plus adequate space for buses and delivery vehicles. These requirements may be increased if, in the judgment of the Planning Board, such considerations as the unavailability of the bus service, the distance from centers of population or a relatively high percentage of pupils driving their own cars make such increased requirements desirable.
F. 
No driveway shall open onto a public street within 150 feet of an intersection of such street with another public street. In determining the suitability of proposed or existing driveways upon the site, the Planning Board shall consider such factors as grade and site clearance; the number and pattern of driveways; the number, location and design of ingress and egress points; the volume of traffic which may be anticipated on the site and upon adjoining roads; and the condition and width of pavement of adjoining roads.
G. 
Illumination of night athletic activities shall be shielded from view from adjoining streets and residential areas.
H. 
The application shall include a complete set of architectural plans and specifications and existing and proposed buildings and structures and a statement setting forth in general terms the proposed courses of instruction. This statement shall indicate the grade levels of the pupils to be housed in the building or buildings, the planned pupil capacity of such building or buildings and the contemplated eventual enrollment of the school.
Churches and places of worship may be permitted as conditional uses in certain zone districts as provided for in this chapter, provided that:
A. 
The minimum lot area shall be 60,000 square feet; and the minimum width shall be 300 feet.
B. 
All minimum requirements of lot depth, front, rear and side yard setbacks and building height conform to those established in the same zone.
C. 
Driveways must be at least 10 feet from any side lot lines and 100 feet from the intersection of street lines. Not more than two driveways shall be permitted for each 300 feet of street frontage.
D. 
Adequate buffer areas and planting and/or fencing shall be provided to protect surrounding properties from the effect of light or noise generated in connection with the use of the property in accordance with Article XXVI.
Public utility zones, which must be provided above ground, may be permitted in any zone district, provided that:
A. 
The proposed installation must be provided above ground in a specific location as is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood area in which the particular use is to be located.
B. 
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
C. 
Adequate and attractive fences, buffer areas and other safety devices will be provided in accordance with Article XXVI.
D. 
Sufficient landscaping, including shrubs, trees and lawn, is to be provided and will be periodically maintained.
E. 
All of the area, yard and building coverage requirements of the respective zone will be met.
F. 
A minimum of one off-street parking space for each employee during the shift of largest employment shall be provided for those public utility structures that require personnel to be on duty, either full- or part-time.
Fraternal, social, civic, recreational, philanthropic or eleemosynary uses may be permitted as a conditional use in certain zone districts as provided for in this chapter, provided that:
A. 
A statement setting forth full particulars on the operation of the structure or use is filed with the Planning Board by the applicant.
B. 
The Planning Board shall find that any parcel upon which such use is proposed contains at least five acres of land; that no structure will be erected nearer than 75 feet to any street line nor nearer than 30 feet to any property line; that buildings will not occupy more than 25% of the lot area; that all other requirements as set forth in this chapter for the zone in which it is to be located are observed; that such use will in no way be detrimental to the surrounding property values; and that the structure or use proposed will serve a useful purpose to the general welfare of the Township.
C. 
The front, rear and side yards shall be increased by one foot for each foot by which such building exceeds the height limit herein established for the zone in which it is located, but in no case shall any building exceed a height of 50 feet.
D. 
The site plan provides adequate buffer areas, if needed, as well as an attractive and functional landscaping scheme.
E. 
Signs may be illuminated but nonflashing and limited in area to not more than 30 square feet on any one side. The number and location of signs shall be determined by the Planning Board.
F. 
Philanthropic and eleemosynary uses shall provide off-street parking spaces in a number and location as determined by the Planning Board based upon the anticipated maximum occupancy of the building or use.
County penal facilities may be permitted in the Education-Recreation-Research District as a conditional use as provided for in this chapter, provided that:
A. 
The site of a county penal facility shall contain a minimum of 100 acres.
B. 
Buildings shall be set back a minimum distance of 500 feet from all property lines.
C. 
No parking area or driveway shall be located within 200 feet of any side or rear lot line that abuts a residential zone.
D. 
Where the side or rear lot line of a county penal facility abuts a residential zone, a buffer strip shall be established in accordance with Article XXVI.
E. 
The maximum building coverage shall be 10%.
F. 
Off-street parking areas shall provide a minimum of one parking space for every five inmates plus one additional parking space for each employee during the largest working shift.
Hospitals, nursing homes and sanatoriums may be permitted as conditional uses in certain zone districts as provided in this chapter, provided that:
A. 
The minimum lot area shall be 10 acres.
B. 
The minimum lot frontage shall be 500 feet.
C. 
The minimum lot depth shall be 400 feet.
D. 
All minimum requirements of front, rear and side yards, coverage, open space, setbacks and building height shall conform to those established in the same zone, except that greater requirements may be imposed by the Planning Board.
Drive-in restaurants may be permitted in certain zone districts as conditional uses as provided in this chapter, provided that:
A. 
The minimum lot area shall be three acres.
B. 
The minimum lot frontage shall be 300 feet.
C. 
The minimum lot depth shall be 300 feet.
D. 
The maximum lot coverage shall be 10%.
E. 
All minimum requirements of front, rear and side yards, setbacks and building height shall conform to those established for the zone, except that greater requirements may be established by the Planning Board.
F. 
The applicant shall submit plans showing the placement, type, intensity and direction of all lighting.
G. 
There shall be a buffer strip along the entire perimeter of the property, exclusive of the front yard, of at least 10 feet in width measured inward from the property line and suitably landscaped with grass and/or ground cover, shrubs and trees. The buffer strip shall adhere to the standards set forth in Article XXVI.
H. 
The minimum open space shall be 30% of the lot area.
I. 
Driveways shall be no more than 35 feet nor less than 25 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 100 feet from the intersection of street lines. No more than one driveway shall be permitted for each 150 feet of a street frontage.
J. 
The applicant shall demonstrate that trash will be adequately disposed of.
K. 
The applicant shall demonstrate that the drive-in shall not become a public nuisance.
L. 
All paved areas other than driveways shall be located no closer than 40 feet to the right-of-way.
New car sales, services and showrooms may be permitted in certain zone districts as conditional uses as provided in Article XXIX of this chapter, provided that:
A. 
The minimum lot area shall be five acres.
B. 
The minimum lot frontage shall be 400 feet.
C. 
The minimum lot depth shall be 400 feet.
D. 
All minimum requirements of front, rear and side yards, coverage setbacks and building height shall conform to those established in the zone.
E. 
Used cars shall not be sold except as an accessory use to a new car dealer.
F. 
There shall be a building in conjunction with the use which shall contain not less than 15,000 square feet of usable floor area.
G. 
The area devoted to outside display of new and used cars shall not exceed 35% of the total lot area.
H. 
The minimum open space shall be 25% of the lot area.
I. 
All outdoor display and service areas, including driveways and parking facilities, shall be paved with a suitable asphalt or other similar material commonly used in driveway construction.
J. 
Display lighting shall be shielded and shall be located and maintained as not to constitute a hazard or nuisance to the public using the highway or to neighbors. In particular, so-called "string lights" shall not be permitted.
K. 
Where the use is situated adjacent to residentially used property, adequate screening shall be provided along the property line as required by the Planning Board in individual cases and in accordance with Article XXVI.
L. 
No cars shall be stored or displayed within the front yard area.
Commercial swimming pools and swimming clubs may be permitted as conditional uses in certain zone districts as provided for in this chapter, provided that:
A. 
They shall adhere to the minimum standards specified in § 205-95 of this chapter.
B. 
The standards for health and safety as specified in the Township ordinance regulating swimming pools and swimming clubs shall be met.
C. 
Signs for swimming clubs shall be limited to one nonflashing sign having an area not to exceed 30 square feet on any one side.
D. 
The minimum land area for swimming clubs shall be seven acres, with a minimum frontage and depth of 400 feet.
The sales, display, service and rental of trucks may be permitted in certain zone districts as conditional uses as provided in Article XXIX of this chapter, provided that:
A. 
The minimum lot area shall be three acres.
B. 
All minimum requirements of lot width and depth, front, rear and side yards and building height shall conform to those established in the zone.
C. 
The sale and rental of used trucks shall be an accessory use to a new truck sales and service use.
D. 
There shall be a building in conjunction with the use which shall contain not less than 15,000 square feet of usable floor area.
E. 
The areas devoted to outside display of new and used trucks shall not exceed 35% of the total lot area.
F. 
All outdoor display and service areas, including driveways and parking facilities, shall be paved in accordance with the requirements of this chapter. All other areas not utilized for the above purposes may be gravel.
G. 
Display lighting shall be shielded and shall be so located and maintained as not to constitute a hazard or nuisance to the public using the highway or to adjoining property owners. In particular, so-called "string lights" shall not be permitted.
H. 
No display or off-street parking shall be closer than 40 feet to the street line, and all nonparking areas shall be landscaped.
I. 
Where the use is situated adjacent to residentially zoned or used property, the following shall be required:
(1) 
A fifty-foot buffer, designed in accordance with the requirements of Article XXVI of this chapter, shall be required along said residential use.
(2) 
Overhead doors and windows shall not be permitted on the side of any structure which faces a residentially zoned or developed property if said structure will house service and maintenance activities.
(3) 
Outside storage of parts, supplies and materials shall not be permitted.
(4) 
No parking area or driveway shall be located within 60 feet of any side or rear lot line that abuts a residential zone or use.
[Added 4-29-1996 by Ord. No. 96-10]
A theater may be permitted as a conditional use in the C-2 Commercial District as provided in Article XIV of this chapter, provided that:
A. 
The maximum square footage of the building, specifically including all those areas designated for auxiliary entertainment areas and eating areas, does not exceed 50,000 square feet.
B. 
Off-street parking spaces shall be provided at a rate of one space for every three theater seats, plus one parking space for each projected employee at maximum shift.
[Amended 2-3-1997 by Ord. No. 97-2]