ARTICLE XIII Regional Retail Business District

[Amended 84-65 by Ord No. 39-1965, 9-20-67 by Ord. No. 69-1967; 12-30-68 by Ord. No. 32-1968]

§211-72 Establishment; permitted uses

A. Regional Retail Business Districts are hereby established for the development of an integrated regional shopping center with accessory facilities as hereinafter limited, which shall include, in a single or unified development of one (1) or more holdings, sufficient acreage to meet the approval of the Planning Board but in no rase less than forty (40) acres Within any Regional Retail Business District, no building or premises shall be used except for one (1) or more of the following purposes

(1) Theater, club, hotel, restaurant, cafeteria, cocktail lounge, amusement or assembly hall or other type of structure or installation for recreational use, provided, however, that no permanent amusement park, carnival, circus or similar business operated for a profit shall be permitted in such a district

(2) Bank, trust company or other financial establishment, business and professional offices or studios



(3) Fire station, police station, post office, telegraph or telephone office, telephone exchange building, library, passenger bus station, taxicab stand, electric substation and other municipal or public buildings, but not including hospitals or mental, penal or correctional institutions

(4) Shop or store for the conduct of retail business (including the making and processing of commodities to be sold at retail on the premises), stamp redemption center, plumbing or other building or home improvement and repair shop, newspaper office, printing shop or personal service establishment

(5) Automobile sales showroom (provided there is no outdoor storage of automobiles for display or sale) or tire, battery and accessory facility (including the necessary facilities for the installation of the products sold therein), with or without adjoining facilities for the sale of oil or gasoline

(6) Public repair garages and gasoline filling stations, subject to the following restrictions

(a) All pump islands shall be set back a minimum of thirty (30) feet from any street fine

(b) Landscaping strips with a minimum width of ten (10) feet shall be provided along the front street line and along the side lines, all garbage receptacles or other outside appurtenances shall be screened by means of adequate landscaping or fencing

(c) All landscaped areas shall be curbed with either concrete or granite block curbing.

(d) One (1) customary freestanding advertising sign shall be permitted for each street frontage (The provisions of this subsection shall not apply to signs required by the Motor Vehicle Tax Bureau or other agency of the State of New Jersey. That sign shall be of the standard size and shape for the particular oil company involved, except that no such sign shall exceed fifty (50) square feet in area, and said sign shall set back a minimum of twenty-five (25) feet from the street line One (1) promotional sign, not larger than three (3) feet wide by five (5) feet high, shall be permitted for each street frontage

(e) Parking on the site shall be limited to those vehicles of employees, those which are involved in repairs or servicing at the station and those commercial vehicles accessory and necessary to the operation of the service station No other parking shall be permitted

(f) No repair space shall have an opening in roof or walls less than fifteen (15) feet from a property line or street Line

(g) A shopping center in a Regional Retail Business District shall be, permitted to have one (1) gasoline filling station on a public road adjacent to the shopping center for each fifty (50) acres of land contained in such shopping center, the location of any such gasoline filling station or stations on such public road or roads to be subject to the approval of the Planning Board.

(h) No paint shop or bodywork shop shall be allowed



(i) Any such use shall be so designed architecturally as to become an integral part of the shopping complex and not be obtrusive

(7) Accessory uses customarily incidental to the operation of a regional shopping center and/or any of the above uses

(8) Signs, subject to the following restrictions

(a) Freestanding or pylon signs shall be prohibited in a Regional Retail Business District, except that

[1] One (1) such sign, not exceeding five hundred (500) square feet in area, identifying or advertising the shopping center shall be permitted on each Public road adjacent to the Shopping center Premises, unless the Portion of a public road adjacent to the shopping center premises exceeds two thousand (2,000) feet in length, in which event two (2) such signs shall be permitted on such road, all such signs to be set back no less than one hundred (100) feet from the street line.

[2] Two (2) such signs, each not exceeding two hundred (200) square feet in area, identifying or advertising the use of the premises by a theater shall be Permitted The location of such signs shall be approved by the Planning Board, but In no case shall they be set back less than one hundred (100) feet from the street line, except that a lesser setback from the street line may be Permitted by the Planning Board in those cases where, in the opinion of the Planning Board, the larger setback would be detrimental to the overall site Plan of the regional shopping center

[3] One (1) such sign, not exceeding two hundred (200) square feet in area, identifying or advertising the use of the premises by an automobile sales showroom or tire, battery and accessory store shall be permitted for each such showroom or store, The location of such sign shall be approved by the Planning Board, but in no case shall it set back less than one hundred (100) feet from the street line, except that a lesser setback from the street line may be Permitted by the Planning Board in those cases where, in the opinion of the Planning Board, the larger setback would be detrimental to the overall site plan of the regional shopping center

[4] Freestanding directory signs and signs for the regulation of traffic, parking, loading and Unloading shall be permitted

[5] Signs as set forth in § 211-64D(1) of this chapter shall be permitted

(b) Except as provided above, all exterior signs identifying or advertising the names or uses of the tenants or occupants of the shopping center premises shall be affixed to the shopping center buildings and shall occupy no more than fifteen percent (15%) of the total exterior area of such buildings Directory signs or informational signs affixed to the buildings shall not be included within the foregoing fifteen-percent limitation The fifteen-percent limitation may be exceeded in the case of a large department store sign which is affixed to the exterior wall of such building, provided that it is approved by the Planning Board No sign affixed to a building shall project beyond the sides or the front of the building or above the roofline or the top of any wall above the roofline

(c) No such sign shall be illuminated by lighting of intermittent or varying intensity

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



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



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

(10) Heliport, as defined in § 211-1B, subject to the following provisions:

(a) Approval must be obtained from the Planning Board prior to the issuance of a building permit.

(b) Operation of Class III helicopters [twelve thousand five hundred (12,500) pounds and above) will be permitted

(c) A sketch must accompany all applications, drawn to a scale of not more than one (1) inch equals two hundred (200) feet Such sketch shall show the terrain for at least eight hundred (800) feet in all directions from the center limits of the landing strip of the proposed heliport. Such sketch must also show all constructions, distances and height and the approach-departure path corridors A statement must also accompany the application as to the type of helicopters to be used and frequency of operations.

(d) A detailed site plan shall also accompany any application to the Planning Board Such site plan shall show the relationship of the heliport to the lot lines, streets and zoning lines, the location of all buildings or areas to be used for passenger or cargo operations, maintenance and overhaul facilities, fueling, storage and hangar or tie-down facilities All offstreet parking areas, access drives, landscaped areas and traffic patterns shall also be shown

(e) Off-street parking shall be required in an amount to be determined by the Planning Board based on the operations contemplated. At least one (1) parking space for each two (2) employees serving the heliport shall be provided

(f) Any ground-level heliport shall be so located as to provide direct access thereto from a public street

(g) Every takeoff and landing area, taxiway, terminal and/or service area and parking area shall be paved with a dustproof surface

(h) The heliport shall have an inside area of at least one hundred twenty-five by one hundred twenty-five (125 x 125) feet.

(i) Every ground-level heliport shall be fenced with solid fencing and protected to prevent entrance of unauthorized personnel, with a minimum fence height of four (4) feet. For each additional foot of fence height, twenty-five (25) feet must be added to the minimum inside area dimensions provided in Subsection A(10)(h) above.

(j) No application for a heliport shall be considered by the Planning Board until such time as approval has first been granted by the New Jersey Division of Aeronautics or such other agency as may have jurisdiction over the licensing of such facilities

(k) All heliports shall be marked in accordance with the Federal Aviation Agency criteria and shall provide those navigation aids as shall be required by the New Jersey Division of Aeronautics or other state agency which may have jurisdiction over such facilities

(l) Rooftop heliports may be permitted, provided that the minimum area shall be not less than forty by forty (40 x 40) feet with a three-foot fence inclined seventy degrees (70') upwards from the horizontal, unless the roof has a parapet wall already built

(m) Such rooftop heliports must comply with all applicable provisions of the Township Building and Fire Code.

(n) No portion of any such use shall project into any yards or buffer areas required in this district

(0) Suitable landscaping for the heliport may be required by the Planning Board based on its relation to surrounding buildings or uses

(p) Any heliport shall be lighted during the hours of darkness in accordance with Federal Aviation Agency criteria

(q) No such use shall be permitted within five hundred (500) feet of any residence district

(11) [Added 8-20-80 by Ord No 69-1980] Cogeneration facility, as herein defined, as part of any new building or structure or located within an existing structure, subject to the following provisions

(a) Such cogeneration facility shall be located wholly within the structure

(b) Such use shall be accessory to the main use on the lot

(c) There shall be no noise or vibration therefrom discernible from outside the building in which it is located

(12) [Added 8-20-80 by Ord No 69-1980] Cogeneration facility, as herein defined, to serve an existing building or structure and located outside thereof, subject to the following provisions

(a) Such use shall be accessory to the main use on the lot

(b) Such use shall not be permitted in any yard along a street and shall not be closer than fifty (50) feet from any other property line, except that a setback of no less than one hundred (100) feet shall be required from any lot line of an existing contiguous residence or from a residence zone for such use

(c) Such use shall either be completely screened by means of a solid fence, wall or other means or the equipment container so treated as to be architecturally harmonious with the existing building The method of screening or treatment shall be approved as part of a site plan application

(d) There shall be no noise levels from the cogeneration facility in excess of thirty (30) decibels, measured at any lot line

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

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

(b) For a structure of five (5) stories or more in height, one (1) dish, not to exceed twelve (12) feet in diameter (or one hundred thirteen (113) square feet in area], shall be permitted on the roof, provided that the lowest portion of such dish shall be no higher than two (2) feet from the roof 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

B. In stores and shops in such a Regional Retail Business District, no merchandise shall be carried or stored other than that intended to be displayed or intended to be sold at retail on or from the premises, and no goods shall be stored outside the building unless such goods are stored within screened, fenced or other appropriately delineated areas or in separate warehouse facilities for storage of goods intended to be displayed as samples or sold at retail on or from any building or premises in the Regional Retail Business District This shall not preclude, however, the use of cogeneration facility as provided for in § 211-72A(11) and (12) (Amended 8-20-80 by Ord. No 69-1980]

§211-73 Prohibited uses.

The following uses are specifically excluded from Regional Retail

Business Districts

A. Dwelling or living quarters (except in a hotel or club) unless occupied by a janitor, caretaker or watchman employed as such on the premises; kennels, billboards, roof signs, outdoor drive-in theaters



B. No internal-combustion engine shall be used, other than in motor vehicles or equipment offered for sale or being repaired, in any building or on any premises in a Regional Re, tail Business District unless objectionable noises and vibrations thereof and therefrom are eliminated by effective muffler and silencer

C. The Processing of garbage or other refuse matter by use of an incinerator, either by a principal or accessory use

D. No business or activity shall be carried on or permitted in any building or upon any premises in a Regional Retail Business District which is injurious, offensive, obnoxious or dangerous by reason of noise, smoke, odor, gas, dust or other similarly Objectionable or hazardous characteristics or accompaniment and which, for any reason, would tend to hinder, interfere with or detrimentally affect the use of any adjoining or surrounding district or districts for uses authorized by this chapter for such adjoining or surrounding district or districts

§211-74. Land coverage

No building or buildings shall be erected, altered or used in a Regional Retail Business District which shall, in the aggregate, cover more than thirty percent (30%) of the total area of the site plan submitted to the Planning Board for its approval as provided in § 211126 The balance of the area shall remain open and available for parking, service roads, walks, trees, landscaping and recreation. Any building or portions thereof which shall be devoted substantially to providing covered pedestrian malls, courts, walkways, rest areas or other similar amenities for patrons and other invitees of the regional shopping center and any structures or buildings devoted wholly to parking shall be excluded from the aforesaid thirty-percent limitation

§211-75. Building heights

No portion of a building in a Regional Retail Business District, except an office building, shall be higher than four (4) stories or eighty (80) feet, measured perpendicularly from the finished ground level adjoining the highest exposed space of such building-, provided, however, that this limitation and any other in this section shall not apply to flag-poles, radio or television antennas, light towers or poles, monuments, domes, parapets, balustrades, chimneys, elevator or stair shafts, water tanks, cooling towers or utility enclosures No building or structure to be used primarily for business and professional offices shall exceed one hundred forty (140) feet in height No building or structure to be used entirely as a public repair garage or gasoline filling station shall exceed twenty-five (25) feet in height

§211-76 Building setbacks.

No building shall be erected in a Regional Retail Business District within thirty (30) feet of an adjoining property line, other than any interior property line separating contiguous parcels of the same regional shopping center, nor within one hundred (100) feet of an area zoned for a residence district nor within seventy-five (75) feet of a public road, except that buildings may be erected fifty (50) feet from a public road if no parking area is provided for or maintained between such buildings and such public road

§211-77. Buffer areas. [Added 4-3-68 by Ord No.9-1968]

No building or use, including any use for highway or parking, shall be erected or engaged in within forty (40) feet of any residential district This buffer area, if wooded, shall remain wooded, and if open, shall be effectively planted to the entire forty-foot width to allow adequate screening of view, noise or other activity taking place in the Regional Retail Business District.

§211-78. Loading and unloading.

In Regional Retail Business Districts, adequate access shall be provided for loading and unloading of merchandise No such loading or unloading of merchandise shall be done on or from a public street

§211-79 Parking facilities

A. Within a Regional Retail Business District, indoor or paved outdoor parking facilities shall be made available in amounts not less than the following

(1) One (1) car space for each two hundred (200) square feet of first floor rentable floor space in retail stores, personal service shops, financial institutions, studios, eating establishments, theaters or similar establishments, and one (1) car space for each four hundred (400) square feet of such rentable floor area above or below the first floor

(2) One (1) car space for each five hundred (500) square feet of rentable floor area devoted to professional or business offices or libraries.

(3) One (1) car space for each guest unit in a hotel

B. No parking space shall extend to or be paved within five (5) feet of any property line abutting on any public street, and the aggregate width of all driveways for ingress or egress to such parking area from a public street shall not be more than twenty percent (20%) of the length of the parking area along such street, provided, however, that the minimum width of such driveway shall not be required to be less than twelve (12) feet. No parking shall be permitted upon any driveways or service road within such district.

C. For square footage computations, an area of one hundred and eighty (180) square feet, exclusive of driveways and aisles, is hereby determined as the minimum area necessary for the outdoor parking of an individual automobile, and an area of one hundred forty-five (145) square feet, exclusive of driveways, aisles and columns, is hereby determined as the minimum area necessary for the indoor parking of an individual automobile

§211-80. Procedure for establishment, review and approval of Planning Board



A. No portion of the township shall be changed into a Regional Retail Business District unless and until.

(1) The prospective developer submits plans to the Planning Board for his overall plan of development

(2) The Planning Board shall approve such plans

(3) The Planning Board shall determine that the center is of a regional nature in scope and has access to adequate federal and state highways so as not cause undue congestion on the roads in the vicinity of the center.

B. Review and approval of Planning Board

(1) Review and approval of the Planning Board shall be required for all building and other structures permitted hereunder, as provided in § 211-126 of this chapter.

(2) Review and approval of the Planning Board shall be required for the overall plan of a regional retail shopping center