33 Mount Pleasant Ave ZB 24 12 Planning Review October 28 2024

7 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Based on the description of the proposed use provided by the applicant, the differentiation of facility types, it appears these definitions are better to suited to the type of facility that will be located at the site, and not as a Hospital, as previously defined. As a result, it is recommended the Board support the Zoning Officer’s determination the proposed use does not meet the definition of a Hospital, and therefore it is not a permitted use as such. In our analysis of the Zoning Code, we note that the following uses are permitted conditional uses within the OB-2 zone: NURSING HOME AND/OR LONG-TERM CARE RESIDENTIAL HEALTH CARE FACILITY - Shall mean a facility, licensed by the Department of Health of the State of New Jersey as a facility, to provide health care under medical supervision and continuous nursing supervision and nursing home level care for 24 or more consecutive hours to two or more residents who are not related to the governing authority by marriage, blood, or adoption. The residents require continuous nursing care and services above the level of room and board because of their physical condition. CONGREGATE CARE- Shall mean housing which is specially designed multi- unit housing for independent to semi-independent people including community social and dining facilities. Individual living units include at a minimum, a living room/bedroom, bathroom, and kitchenette. These facilities must offer at least one hot meal per day to each occupant and some housekeeping services within each unit. In her May 10, 1995 Review Letter of ZB-95-16 for the Canterbury Village, the former Planning Director states, “Zoning and land use is a dynamic field which continually has new terms and types of businesses. While the Zoning Ordinance does not include new terms, the intent of the ordinance must be reviewed. I think the intent of the Zoning Ordinance is to permit hospitals, nursing homes, and sanitariums, including uses similar to these being proposed, such as licensed residential health care, extended care and congregate care.”