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Absecon City Zoning Code

ARTICLE IX

C1 Central Business Commercial District

§ 224-43 Intent.

[1997 Code § 224-43; Ord. No. 08-2002]
A. 
Intent. The purpose of the Commercial District C1 is to provide for a viable central business district along New Jersey Avenue dedicated to traditional downtown commercial establishments and encourage pedestrian activity, and encourage major commercial development along US Route 30 with sufficient controls.
B. 
Regulations in District. The use, height and area regulations of Sections 224- 43 to 224-50, Inclusive, and those regulations set forth elsewhere in this chapter, where applicable to these sections, and general regulations of Article XVIII are the regulations in Commercial District C1.

§ 224-44 Permitted uses.

[1997 Code § 224-44; Ord. No. 13-97; Ord. No. 08-2002]
A. 
Principal uses and buildings shall be as follows:
(1) 
Single-family detached dwellings.
(2) 
Parks, playgrounds and other publicly operated recreational uses or structures, subject to the following requirements:
(a) 
The exterior architectural design shall be in keeping with the district's overall design.
(3) 
Retail stores and shops, general business establishments, personal service establishments, such as barber and beauty shops, professional offices, and restaurants.
(4) 
Ground-level parking lots not operated for profit and for the convenience of shoppers in this district.
(5) 
Commercial uses included in Sections 224-68, 224-74, 224-83 exclusively for those properties that have lot frontage on both US Route 30 and New Jersey Avenue, with a minimum lot area of five acres and site access on US Route 30. This does not prohibit site access from other adjoining streets.
[Ord. No. 08-2002]
B. 
Accessory uses.
(1) 
Residential dwellings in combination with retail uses.
(2) 
Bars integral with and ancillary to a restaurant.

§ 224-45 Area, yard and bulk regulations.

[1997 Code § 224-45; Ord. No. 08-2002]
A. 
Lot size.
(1) 
Single-family, public, retail, general business and professional offices: 7,500 square feet minimum.
(2) 
Parking lots: 10,000 square feet minimum.
B. 
Lot width.
(1) 
Seventy-five feet at street, all other uses.
(2) 
Parking lots: 100 feet minimum at street.
C. 
Lot depth, all principal and accessory uses: varies.
D. 
Lot coverage.
(1) 
Single family: 45% minimum.
(2) 
All other uses: 75% maximum impervious cover.
E. 
Front yard setback, all uses except conditional uses: eight feet from the property line.
F. 
Side yard setback.
(1) 
Single-family and public: 10 feet each side.
(2) 
Retail, general business and professional: four feet each side.
G. 
Rear yards, all uses except conditional uses: five fee minimum, principal and accessory buildings.
H. 
Height, all uses: 2 1/2 stories; 35 feet.
I. 
Building size, public, retail, general business and professional: 1,200 square feet of floor area minimum.
J. 
Building length, all uses: 50 feet.
K. 
Permitted uses set forth above in Section 224-44A(5) shall comply with the following regulations:
(1) 
Commercial uses listed in Section 224-68, shall comply with Sections 224-69, 224-70, 224-71, 224-72.
(2) 
Commercial uses listed in Section 224-74, shall comply with Sections 224-75, 224-76, 224-77, 224-78, 224-79, 224-80 and 224-81.
(3) 
Commercial uses listed in Sections 224-83, shall comply with Sections 224-84, 224-85, 224-86, 224-87, 224-88.
[Ord. No. 08-2002]
L. 
Permitted uses set forth above in Section 224-44A(5) shall comply with the following setback requirements:
(1) 
One story structure with pedestrian access and storefront—eight-foot minimum.
(2) 
One story structure without pedestrian access and storefront—twenty-five-foot minimum landscaped buffer.
(3) 
Two story structure with pedestrian access and storefront—twenty-five-foot minimum landscape strip.
(4) 
Two story structure without pedestrian access and storefront—forty-foot minimum with twenty-five-foot minimum landscaped buffer.
(5) 
Three story structure or greater with pedestrian access and storefront—thirty-five-foot minimum, with twenty-foot minimum landscape buffer.
(6) 
Three story structure or greater without pedestrian access and storefront—sixty-foot minimum, with forty-foot minimum landscape buffer.

§ 224-46 Exceptions.

[1997 Code § 224-46]
A. 
Paragraphs A. and B. of Residential District R1, Article IV, Section 224-9, along with all conditions and standards therein, will apply here.
B. 
Lot sizes for principal and accessory uses may, upon Planning Board site plan review, be lessened by 10%.
C. 
Two or more business establishments may provide the parking called for in Section 224-49 of this Article within the district and within 300 feet of the business involved.

§ 224-47 Other regulations.

[1997 Code § 224-47; Ord. No. 08-2002; Ord. No. 4-2004]
A. 
All uses, principal, accessory and conditional, within the district are subject to Planning Board site plan review and approval.
B. 
Projections into side and rear yards of 24 inches maximum may be permitted upon Planning Board review.
C. 
No projection into front yards other than movable awnings shall be permitted.
D. 
All projections into front yards, including windowsills, cornices, cantilevered roofs, canopies, awnings, balconies, shop windows, bay windows and fire escapes, shall be necessary to overall design and are subject to Planning Board site plan review and approval.
E. 
All uses within the district must provide separate facilities for the placement of trash and garbage, but all such facilities shall be in keeping with the overall design of the district. Recycling provisions shall be provided as required by local, County and State regulations.
F. 
All properties with frontage on New Jersey Avenue are encouraged to have pedestrian access from street to structure to encourage pedestrian activity along New Jersey Avenue.
G. 
All uses proposed within 60 feet of New Jersey Avenue shall be compatible in terms of height and mass with surrounding land uses.
H. 
Proposed commercial development that is designed to promote pedestrian activity along New Jersey Avenue by providing pedestrian access and storefronts along New Jersey Avenue the permitted site coverage shall be increased to 80%.
I. 
Central Business District Redevelopment Plan.
(1) 
That pursuant to N.J.S.A. 40A:12A-4 (a)(3) and N.J.S.A. 40A:12A-7, the Redevelopment Plan for the Central Business District is hereby adopted.
(2) 
It is hereby found that the above referenced Redevelopment Plan meets the criteria for adoption of a Redevelopment Plan as set forth in N.J.S.A. 40A:12A-7, and as further specified in the Redevelopment Plan itself.
(3) 
It is hereby found that the above referenced Redevelopment Plan is consistent with the City of Absecon Master Plan.
(4) 
The Absecon City Zoning Map is hereby amended to incorporate the Redevelopment Area which shall be designated thereon as the Downtown Redevelopment Area.
(5) 
The provisions of the Redevelopment Plan shall supersede the provisions of the development regulations of the City of Absecon to the extent set forth in the Redevelopment Plan.
(6) 
The complete Redevelopment Plan will be filed and available for inspection in the office of the City Clerk in the City of Absecon.

§ 224-48 Landscaping and fences.

[1997 Code § 224-48]
A. 
For all new uses, conversions and changes in use within the district landscaping will be required, which may include but will not be restricted to:
(1) 
Window box planters.
(2) 
Participation in a street tree program.
(3) 
Participation in a parking lot tree program.
B. 
Fences or walls shall be permitted, provided that:
(1) 
Perimeter fences or walls shall be placed within the property line. Fences may be erected from the front property line, provided that they are visually transparent so as not to obstruct views from the first 10 feet.
(2) 
No portion of any fence or wall shall be more than four feet from the sidewalk grade.
(3) 
No fence or wall shed shall be placed within 10 feet of a street corner.
C. 
Where site conditions permit, landscaping shall conform to commercial requirements found in Section 224-129C.

§ 224-49 Parking.

[1997 Code § 224-49]
A. 
Parking requirements shall conform to Article XX, Section 224-128 of this chapter.
B. 
For restaurants, parking shall conform to the standards noted above, except that restaurants serving to patrons in their cars or for takeout shall provide an additional 10 off-street, on-site spaces minimum or additional parking as required upon the site plan review by the Planning Board.

§ 224-50 Lighting.

[1997 Code § 224-50]
Lighting requirements shall conform to Article XX, Section 224-130 of this chapter.