It is well recognized that certain uses, if located without proper consideration to existing conditions or building types and surrounding development, may have an adverse effect on the public health, safety and general welfare of the community. These uses are designated as conditional uses and are subject to the conditions hereby established.
[Amended 11-28-2011 by Ord. No. 23-2011]
A. Before any permit shall be issued for a conditional use, applications shall be made to the Planning Board. The Planning Board shall grant or deny the application after public hearing, but within 95 days of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Where a conditional use application involves a site plan or subdivision, notice of the hearing shall include reference to all matters being heard, and the Planning Board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the Planning Board to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the Planning Board shall consider and be guided by the following. All technical representations shall be made by the appropriate licensed professional.
(1) That use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
(2) 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 compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood; the number of employees or users of the property; the potential effect that the proposed use(s) and/or structures will have upon property values; the adequacy of the proposed parking and traffic circulation for the uses) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards; the structural location(s) and orientations; the need for such facility or use(s) to serve the area in which it is to be located; the adequacy of proposed drainage facilities which will serve the uses(s) and/or structures; the adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties; and the adequacy of proposed outdoor lighting.
(3) Compliance with the design and performance standards pursuant to Article XII of this chapter.
(4) Compliance with the standards, principles and objectives of the Master Plan of the Town of Hammonton.
B. All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this chapter.
C. Conditional uses shall adhere to the additional standards specified for the particular use or building type under Article XII, except where no additional standards are specified herein.
[Amended 11-28-2011 by Ord. No. 23-2011]
D. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall additionally require, at a minimum, site plan review and approval by the Planning Board. The applicant shall submit and the Board shall review an application for conditional use approval in accordance with the procedures of § 175-62 of this chapter. In the granting of conditional uses, a time limit of one year from the date of the approval shall be set within which time the owner shall secure a building permit, otherwise the conditional use permit shall be null and void.
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