2325 COM Cover Letter re Zinnia Health Objection w Exs

11 d. The proposed use is not new or emerging. It has been present in nearby Essex County communities for decades. It is therefore illogical that the Governing Body was not aware of it as it considered modifications to the Chapter 25 regulations over time. Therefore, the proposed non-permitted use fails the required “enhanced quality of proof” evaluation to reconcile its ongoing omission from the Zoning Ordinance as a permitted use. V. CONCLUSIONS. The proposed use, which would intensively concentrate a great number of transient, troubled persons in a single location in very close proximity to stable, low- density residential uses and businesses, is sharply different from any use permitted in the OB-2 District and the prior use of the property. It is therefore hostile to the West Orange Zone Plan and Zoning Ordinance, which make no specific reference or accommodation for permitting, either as-of-right or conditionally, a mental health facility/substance abuse treatment facility. Due to the potential for ongoing use conflicts in the surrounding neighborhood, the use would be a poor fit in the proposed setting and does not meet the criteria under the Sica analysis for inherently beneficial uses or the Medici analysis for non- inherently beneficial uses. Finally, there is no valid basis for a finding that the proposed use is a permitted conditional use in the OB-2 Zone.