ARTICLE XII Business Districts
§211-64 Permitted structures and uses.

Business Districts are primarily for the conduct of retail trade and general business In a Business District, no lot, plot, parcel or tract of land shall be used and no building, other structure or device shall be built, altered, erected or placed to be used for any purpose other than that of

A. All those uses permitted in Residence B Districts

B. Stores, shops, business offices and theaters.

C. Newspaper offices and printing establishments employing not more than ten (10) persons or using power not in excess of a rated horsepower of twenty-five (25)

D. Signs in accordance with the following limitations

(1) Real estate sign advertising the sale or rental of only the premises on which it is located and not more than one hundred (100) square feet in area and subject to the building setback requirements of the district No such sign shall be illuminated.

(2) A sign advertising a use conducted on the premises

There shall be no more than one (1) sign for each tenant of the principal building, and the total area of all signs shall not exceed fifteen percent (15%) of the front area of the building All signs shall be attached to the building' and shall not project beyond the sides or front of the building nor above the roofline or the top of any parapet wall No such signs shall be illuminated by lighting of intermittent or varying intensity

(3) In a shopping center consisting of ten (10) or more stores, one (1) freestanding sign shall be permitted not over two hundred (200) square feet in area and set back at least one hundred (100) feet from the street line No such sign shall be illuminated by lighting of intermittent or varying intensity

(4) Signs permitted in residence districts No such signs shall be illuminated by lighting of intermittent or varying intensity

(5) Signs necessary for traffic regulation and parking and loading areas All signs shall have a clear space underneath of not less than three (3) feet for their entire length (latticing shall serve the purpose of such clear space) No such sign shall have an area of more than three (a) square feet, and the legend of such sign shall not contain any other wording than that necessary for traffic and parking regulation Any such sign, if illuminated, shall be illuminated by means of interior lighting [Amended 6-6-67 by Ord No 37-1967]

(6) All LED, digital, animated, scrolling, flashing, or any other form of electronic sign, are prohibited. .

**Webmasters Note: The previous subsection (6) has been amended as per Ordinance No. 42- 2006

E. Helispots, as defined in § 211-1B, subject to all regulations as set forth in § 211-3F(1) to (9) of this chapter

F. Other uses; as provided by § 211-114

G. Electric substations, subject to Planning Board review as provided for in § 211-126,



H. All other buildings and uses except the following, which are specifically prohibited

(1) Any process of manufacture, assembly or treatment which is not clearly incidental to a retail business conducted on the premises

(2) Repair or machine shops, other than public garages and woodworking shops, employing more than four (4) persons or using power in excess of twenty-five (25) rated horsepower

(3) Laundries or dyeing and cleaning works employing more than four (4) persons in these processes

(4) Lumber and coal yards, building material storage yards and commercial storage warehouses

(5) Junkyards and automobile wrecking yards or disassembly plants,

(6) The storage of crude oil or any of its volatile products or other flammable liquids in aboveground tanks with unit capacity greater than five hundred fifty (550) gallons

(7) Carousels, roller coasters, merry-go-rounds, Ferris wheels, pony riding tracks, exhibitions of wild animals and similar commercial amusements except in connection with a carnival or circus having special permit from the Municipal Council

(8) Bottling works, the manufacture or storage of ice and milk distribution stations

(9) Livery or boarding stables

(10) The storage, sorting or baling of scrap paper, iron, bottles, rags or junk

(11) All buildings and other structures and uses prohibited in the Industrial Districts

(12) Secondhand or used car lots

(13) Trailer courts or parks or other campgrounds

(14) Drive-in restaurants or refreshment stands, commonly called snack bars, dairy bars, hamburger stands or hot dog stands, where customers and patrons thereof are served food, soft drinks, ice cream and similar confections which are prepared and served for immediate consumption, either within a structure or over a counter or bar, to customers and patrons while seated or standing outside the confines of the building or structure in which the business is conducted or served in cars by waiters or waitresses

(15) Billboards

(16) Use of a property for the open parking of commercial vehicles (unless clearly accessory to the use conducted on the premises)

(17) Drive-in theaters

(18) Airports and heliports

I. [Added 6-19-85 by Ord No 30-1985] Satellite dish, as herein defined, subject to the following provisions

(1) A dish, not to exceed three (3) feet in diameter for seven (7) square feet in area], may be located on the roof of the main structure, subject to adequate screening

(2) Any dish not exceeding twelve (12) feet in diameter [or one hundred thirteen (113) square feet in area], may be placed on the ground but must:

(a) Be placed on the ground to the rear of the main structure and as close to that structure as possible and subject to the side and rear yard setbacks

(b) Be securely anchored to a concrete pad

(c) Have all wiring to and from the dish placed underground.

(d) Have an open mesh surface and be painted a color to blend with its surroundings

(e) Have the surrounding area suitably landscaped

(f) Not have the lowest portion of the dish higher than two (2) feet from the ground Said two (2) feet shall be measured with the dish in a vertical position

(3) No dish shall be permitted to have any lettering thereon or be used as an advertising or identification sign

§211-65. Yards, buffer area; displays

A. In Business Districts, front yards shall extend not less than one hundred (100) feet from the street property line, and rear yards shall extend not less than fifty (50) feet from the rear property line For structures to be used solely for Dwelling purposes, side yards shall be the same as for Residence B Districts For buildings designed wholly or partly for the conduct of business or for other nondwelling purposes, side yards shall extend not less than fifteen (15) feet from each side property line On every corner lot, there shall be provided on the side street a side yard not less than thirty-five (35) feet [Amended 7-26-67 by Ord, No 45-1967)

B. A buffer area, as defined in § 211-1B, fifty (50) feet wide, shall be set up along any adjoining Residential or Garden Apartment District This buffer area, if wooded, shall remain wooded, and if open, shall be effectively planted to its full width to provide adequate screening of view, noise or other activity taking place in the Business District In the event that a buffer area lies between the front of a building and a street from which access must be obtained, the Planning Board may permit such drives and walks as deemed necessary by the Board to provide vehicular and pedestrian access to the building to lie within the buffer area [Amended 5-17-1967 by Ord. No. 1-1967]

C. No article, material, merchandise or goods shall be kept, stored or displayed in front of any building or in front of any required building setback line. Such articles, material, merchandise or goods may be kept or displayed within 15 feet of a side or rear of a building; provided, however, that such display is so screened by fences, walls or plantings that it is not visible from any public street or adjoining property. In no case, however, shall such a display encroach upon any side or rear yard required by this chapter. Nothing in this subsection shall be construed in such a manner as to include mobile homes, new and used vehicles and nursery stock planted in the ground as an article, material, merchandise or goods that may not be stored or displayed in front of any existing building or setback line.

D. The display of new or used vehicles or nursery stock may not be placed within fifteen (15) feet of a front or side property line. The area between the required fifteen (15) foot setback established herein shall be appropriately landscaped subject to site plan approval by the appropriate reviewing agency.

**Webmasters Note: The previous subsections, C. and D., have been amended as per Ordinance No. 47-2002.

§211-66. Height.

No building shall exceed four (4) stories or fifty (50) feet in height No building, other than a hotel, to be used in whole or in part for Dwelling purposes, shall have a height greater than two and one-half (2 1/2) stories or thirty-five (35) feet.

§211-67. Area and width of lot. [Amended 6-6- 1973 by Ord. No.62-1973]

The minimum lot area requirements for any purpose shall be forty thousand (40,000) square feet and minimum lot width shall be two hundred (200) feet

§211-68. Courts ; access of light and air ; minimum size of dwellings ; driveway entrances,

A. Requirements for courts and access of light and air shall be the same as for Residence B Districts

B. Minimum size of dwellings shall be the same as for Residence B Districts

C. Driveway entrances shall be at least fifteen (15) feet in width

§211-69. Off-street parking.

A.The following parking spaces shall be provided and satisfactorily maintained by the owner of property in a Business District for each building or the enlargement of any existing building, the construction of which was commenced after August 2, 1955

(1) Stores, at least one (1) parking berth for each one hundred twenty (120) square feet of gross floor area, except that in the case of a shopping center of ten (10) stores or more that contains a gross floor area of one hundred fifty thousand (150,000) square feet or more, parking at a ratio of at least one (1) parking berth for each one hundred fifty (150) square feet of gross floor area devoted to retail shall be provided The term "gross floor area" shall be deemed not to include interior areas set aside specifically for heating and air-conditioning equipment [Amended 5-19-1971 by Ord. No. 52-1971]

(2) Restaurants and other drinking places, at least one (1) parking space for each thirty (30) square feet of floor area designated to patron use or one (1) space for each two and five-tenths (2.5) seats, whichever is greater The "patron use area" is defined as that internal floor area of a structure or other area such as a deck or patio of an eating or drinking establishment where patrons are normally permitted to congregate or gather for purposes of partaking of food, beverage, amusement or socializing Such areas shall include seating and/or standing areas inclusive of waiting areas for take-out orders Area(s) for the preparation of dispensed food, storage area, kitchen area(s), restrooms, stairways and passageways are not included in "patron use area " [Amended 3-17-1993 by Ord. No. 5-1993]

(3) Theaters or stadiums, at least one (1) parking berth for every five (5) seats provided for its patrons

(4) Office buildings, at least one (1) parking berth for every three hundred (300) square feet of office floor area

(5) Hotels, at least one (1) parking berth for every three (3) guest sleeping rooms

B. An area of one hundred and eighty (180) square feet, exclusive of driveways, is hereby determined as the minimum space necessary for the parking of a single motor vehicle

C. All parking areas provided pursuant to this section shall be on the same lot as the building they serve

D. The requirements for off-street parking may be declared by the Planning Board as satisfied if an agreement can be reached between two (2) or more property owners in a block by which a common parking area is provided with the equivalent parking space that would be required of the individual property owner

§211-70, Approval of new buildings and conversions.

No building shall be constructed or located in a Business District or converted from residential use to business use in a Business District unless there is first obtained the written approval of the Planning Board to a plot plan, site plan, building plan and specifications The Planning Board shall not approve plans for the erection or location of a building, other than a building to be constructed and used solely for Dwelling purposes, unless it is of masonry, brick, concrete or cinder block construction and the use contemplated for said construction or location will not produce excessive noise, endanger public safety or create hazardous traffic conditions

§211-71 Relaxation of yard, area and off-street parking requirements in specific areas.

To promote good design, arrangement, safety and general welfare and to permit a coordinated, adjusted and harmonious development of existing Business Districts, the Planning Board may, in such existing Business Districts where there is or are already located therein a building or buildings used wholly or partly for the conduct of business or other nondwelling purposes, relax front yard, rear yard, side yard, area and off-street parking requirements hereinbefore set forth in this Article, subject, however, to the following limitations:

A. For structures to be used wholly or partly for business or for other nondwelling purposes, front yards shall be not less than fifty (50) feet from the center line of the street or road or not less than twenty (20) feet from the street property Line, whichever may be greater, and rear yards shall be not less than twenty (20) feet and, where the rear property line abuts a residence district, not less than the same rear yard as is required for the abutting residence district

B. Side yard requirements for structures to be used solely for Dwelling purposes shall be not less than the side yard requirements for Residence B Districts

C. For structures to be used solely for Dwelling purposes, the lot area per Dwelling shall be not less than the area requirements for Residence B Districts