Article X: Zoning Requirements
| |||||||
§ 102-109 Business districts.
| |||||||
A. Purpose. The purpose of the different business districts is to provide locations where retail and service businesses can be rendered for the convenience and short-term needs of residents. The zoning standards for the different business districts are intended to reflect the different characteristics of each district. It is the intent of the business district requirements to focus maximum attention on proper site designing, including the size and location of structures and parking areas, proper ingress and egress, developing of an interior street system, erosion control, architectural design, landscaping and the compatibility of any proposal with the natural foliage, soils, contours, drainage patterns and the needs to avoid visual intrusions and performance nuisances upon adjacent residences or residential zones.
| |||||||
B. Principal permitted uses on land and in buildings. The following shall be permitted as principal uses:
| |||||||
(1) General retailing stores for the sale of merchandise, but no businesses whose principal use is manufacturing, assembly, fabricating or processing. Permitted uses include but are not limited to pharmacies; stationery; millinery shops; sewing and needlework supplies; clothing; jewelry and other accessories; shoes; gifts; novelties; bookstores; music stores; artwork; leather and luggage shops; photographic studios; camera and video stores; flower shops; hardware; paint; wallpaper; candle shops; curtain, drapery and material shops; interior decorators; furniture; electronics; pet supplies; pottery and hobby shops; sporting goods; farm and lawn machinery, garden supplies and nursery plants and supplies, lawn and farm seed, feed and fertilizer material; and antique and similar stores, but not drive-in or drive-through services. [Amended 5-25-2005; 2-13-2013]
| |||||||
(2) Restaurants, tearooms and taverns for the sale and consumption of food and beverages, but not drive-in or drive-through services.
| |||||||
(3) Personal services uses, such as barbers, beauticians, banks with or without drive-in windows, cleaners, laundries, tailors, shoe repair, upholsterers, radio and television repair and funeral homes and similar uses, but not drive-in or drive through services, except for banks. [Amended 2-13-2013]
| |||||||
(4) The retailing of food products, including wine and liquor stores, confectioneries, bakeries where all products baked are sold from the premises, delicatessens and similar uses, but not drive-in or drive-through services. [Amended 2-13-2013]
| |||||||
(5) Animal hospitals for small animals.
| |||||||
(6) Business offices, travel agencies, dancing studios, health spas, physical fitness facilities, art studios, music studios, professional office buildings, computer programming services, brokerage firms, insurance agencies, real estate offices, art and graphic design, ambulatory medical, dental, physical therapy, speech therapy, psychologists and psychiatrists offices. [Amended 5-25-2005]
| |||||||
(7) Service stations, with or without a convenience store, are permitted only as conditional uses after application to, review by and approval of the approving authority. Service stations, with or without convenience stores, shall be conditioned on having no more than three service islands; and having at least six parking spaces for any convenience store, which parking spaces and their access aisles shall be separated from the pump islands and the traffic circulation around the pump islands; the convenience store shall have no drive-up window service; there shall be no carwash facilities; and, in recognition of the Swimming River Reservoir and the state's Environmentally Sensitive Planning Area designations in the State Development and Redevelopment Plan, the number of service stations in all business districts combined shall not exceed three. See also § 102-121.
| |||||||
(8) Indoor and outdoor tennis and racket Courts and clubs; all outdoor facilities shall be open for play only during daylight hours.
| |||||||
(9) Buildings or lands used exclusively by federal, state, county or Township government for public purposes.
| |||||||
(10) Hotels and motels. [Amended 5-25-2005]
| |||||||
(11) Hospitals or similar facilities providing beds and other overnight accommodations, such as nursing homes and emergency medical service facilities, strip malls, supermarkets, department stores, retail-warehouse-type establishments, discount stores, lumber yards, the sale of automobiles, trucks, trailers, boats, motorcycles and similar equipment, movie theaters, adult bookstores, junkyards, manufacturing uses, fabrication uses, tattoo parlors and x-rated adult bookstores/massage parlors are specifically prohibited. [Amended 5-25-2005]
| |||||||
(12) Child-care centers for six or more persons are permitted as a principal use in all business districts meeting the requirements of the schedule of limitations. Child-care centers may also be located within a building containing multiple occupants, provided that the building and lot meet all the area, dimensional, setback, floor area ratio and other bulk criteria for the district in which the building is located. All facilities shall be licensed by the New Jersey Department of Human Services and shall adhere to the applicable regulations in this chapter. Where any regulations in this chapter concerning child-care centers conflict with regulations of the Department of Human Services, the Department of Human Services regulations shall prevail.
| |||||||
(13) Public utilities are permitted only as conditional uses after application to, review by and approval of the approving authority. Public utility uses shall be conditioned on being limited to those aspects of electric, telephone, cable television, gas and similar services that provide direct service to the ultimate consumer, such as, but not limited to, wires and pipes, poles, transformers and pump stations and meters and shall not include warehousing, repair and maintenance shops, storage yards and similar industrially oriented facilities of utility companies.
| |||||||
(14) Agricultural uses. [Added 5-25-2005]
| |||||||
(15) Wireless telecommunications, towers and antennas; subject to § 102-46.5. [Added 8-16-2006]
| |||||||
C. Accessory uses permitted. The following shall be permitted as accessory uses:
| |||||||
(1) Off-street parking, except that underground or multistory parking garages are specifically prohibited.
| |||||||
(2) Temporary construction trailers per requirements in § 102-80 and temporary development advertising signs per requirements of § 102-123.
| |||||||
(3) Medical laboratories in conjunction with medical clinics.
| |||||||
(4) Fences and walls; see §§ 102-57 and 102-73 for requirements.
| |||||||
(5) Child-care centers; see § 102-52 for additional requirements.
| |||||||
(6) Antennas, per requirements of § 102-49.
| |||||||
(7) Sidewalk sales; see § 102-122 for requirements.
| |||||||
(8) Outdoor cafes in conjunction with lawfully permitted restaurants in the B1, B2 and B3 Business Zones and further subject to the following provisions: [Added 10-28-1998]
| |||||||
(a) Site plan approval, minimum off-street and maximum lot coverage requirements shall not be applicable to conforming outdoor cafes.
| |||||||
(b) Outdoor cafes shall be subject to the principal building front, side and rear setback requirements contained in § 102-114, Schedule of limitations: nonresidential.
| |||||||
(c) Outdoor cafes shall have an area limited in width to each restaurant or storefront and shall not exceed 1,000 square feet in area.
| |||||||
(d) Upon the approval and issuance of a temporary outdoor caf permit by the Zoning Officer, any restaurant may conduct an outdoor caf with tables and chairs for a maximum period of eight months and shall be limited to a maximum of 48 seats. If individual seats are not provided, each 24 inches of bench shall be considered one seat.
| |||||||
(e) No additional signs shall be permitted. No music or live entertainment of any type is permitted outdoors. No outdoor cooking of any type is permitted in outdoor cafes.
| |||||||
(f) An applicant for a temporary outdoor caf permit shall provide the Zoning Officer with a statement of the name and address of the applicant, letter of consent from the owner of the property, a valid mercantile license, a sketch drawn to scale showing the location and size of the outdoor caf area involved, a description of the seating plan (including a rendering of position of tables and chairs relative to entrances, exits and the sidewalk) and hours of operation. No less than four feet of unobstructed sidewalk shall be open and maintained for pedestrians.
| |||||||
(g) An application for an outdoor caf permit shall be accompanied by a fee of $50. Any and all licenses issued pursuant to the terms of this subsection shall permit outdoor caf operations to begin no earlier than April 1. Any and all outdoor caf operations so established shall terminate no later than November 30 of the year in which the permit is issued.
| |||||||
(h) The Zoning Officer shall consult with the Construction Official, Fire Chief and Chief of Police to determine if the proposed outdoor caf can be conducted without causing safety problems. The Zoning Officer shall also consult with the Health Officer concerning public health considerations. If the Zoning Officer finds that no health, public safety or public nuisance is likely to be created and will not disrupt normal activities in the area, he or she may issue the required permits.
| |||||||
(i) Property shall be cleaned and kept refuse-free, and no large containers for trash shall be placed on the safe premises.
| |||||||
(j) Any person who violates any of the provisions of this subsection shall not be eligible for a license in any following year.
| |||||||
(k) When applicable, proof must be submitted to the Township Clerk that the applicant has a state liquor license authorizing the applicant to serve alcoholic beverages outdoors at the caf.
| |||||||
(9) Solar energy panels mounted at ground level, located in rear or side yards only and which shall be screened from view from public streets and neighboring properties by screening planting, fencing or a combination thereof such as to provide the proper shielding after two growing seasons. Location and screening requirements do not apply to solar energy panels mounted flush or nearly flush with building sides or roofs. [Added 8-10-2011]
| |||||||
(10) Wind energy systems; subject to § 102-82.1. [Added 8-10-2011]
| |||||||
D. Building height. No building shall exceed 35 feet in height or 2 1/2 stories, subject to § 102-61. [Amended 5-25-2005]
| |||||||
(1) At least the first 25 feet adjacent to any street line or the first 10 feet adjacent to any side or rear lot line shall not be used for parking and shall be planted in lawn area or ground cover or other planting(s) shown on an approved landscaping plan, except that where two abutting lots are designed to interconnect their parking and on-site circulation systems, the setbacks between those lot lines shall be waived. [Amended 5-25-2005]
| |||||||
(2) In order to encourage shopping center designs that will share parking and other features in common, such as a common architectural theme, lighting, signage and landscaping, a shopping center may be constructed in phases, provided that an overall layout of the entire site is approved. Each phase shall then be constructed consistent with the phasing plan or an amended phasing plan. Any amended phasing plan shall be consistent with any prior phase having preliminary or final approval or having been constructed. A shopping center shall have the exterior appearance of separate, smaller storefronts, whether or not the interior space is divided into smaller, individual stores. The architectural theme shall be either Georgian or Colonial. The maximum width of this exterior storefront appearance shall be 60 feet. Each storefront shall vary by changing from one to two stories or by having building front facades offset more than five feet and by other building features, singly or in combination, which shall include variations from adjacent storefronts by distinguishable differences in building materials, colors, rooflines, window treatments or door styles. Buildings within the shopping center may be attached to one another. The minimum distance between detached buildings shall be the distances set forth in the schedule, except that if there is a driveway, parking area, sidewalk or other improvement located in the space between the buildings the distance between the buildings and these improvements shall be at least 10 feet. Once the site plan is approved, individual sections of buildings may be subdivided along common walls extending from the floor to the roofline in order to locate that building or portion of a building on a separate lot. These sections of the building may be separate lots with zero setbacks for financing and ownership purposes, provided that the approving authority has received and approved, as part of such an application, the condominium documents, cross easements, deed restrictions and other legal documents to assure common and shared vehicle access, parking, loading, emergency access, building maintenance, maintenance of any common property, as well as adherence to the approved signage, lighting, architecture, landscaping, and similar matters as intended and approved as part of the overall site plan.
| |||||||
(a) Shopping center applications shall incorporate the following design principles:
| |||||||
[1] Shared parking with, and viable common access between, parking lots to adjoining properties, whether the adjoining properties are developed or not.
| |||||||
[2] Shopping centers shall provide a pedestrian walk along the front building facades, having a minimum width of 12 feet. Changes in the surface material used, pattern, and/or color are encouraged, but not required, in order to define each storefront or to identify pedestrian crosswalks. Street furniture, such as benches, planters and trash receptacles, shall be provided in appropriate locations along the walk.
| |||||||
[3] Outdoor Courtyards, plazas, squares or greens, containing a minimum of 1,500 square feet, shall be required for shopping centers with 10 or more businesses and are encouraged, but not required, for shopping centers with up to nine businesses in an effort to serve as public gathering points and a visual focus. Distinguishable features may be part of the outdoor area, such as fountains, statues, ponds and other forms of artwork or landscaping features with seating arrangements, to promote a comfortable environment for social gatherings.
| |||||||
(3) No merchandise, products, waste, equipment or similar material or objects shall be displayed, sold, consumed or stored outside, except: [Amended 10-28-1998]
| |||||||
(a) Outdoor cafes as permitted by § 102-109C(8); and
| |||||||