(a)

For the purposes of this article, the borough is hereby divided into eight (8) zoning districts, which shall be designated as follows:

(b)

The locations and boundaries of such districts shall be shown upon the zoning map attached to and hereby made a part of this chapter, which shall be designated the "zoning map;" said map and all the notations, references and other data shown thereon shall be as much a part of this chapter as if fully described herein.

(Code 1992, § 208-80; Ord. No. 455, 4-10-1979)

The boundaries between districts are, unless otherwise indicated, either the centerlines of streets, lanes, watercourses, rights-of-way of power lines, railroads and other public utilities or such lines extended or parallel thereto; where the boundaries of a single district are indicated as including directly opposite sides of a street, lane, watercourse, right-of-way of power lines, railroad or other public utility for any portion of its length, the district so indicated shall be construed to apply to the entire bed of such street, lane or watercourse or right-of-way of such utility line lying within such portion of its length. Where uncertainty exists as to the location of any of said boundaries as shown on the zoning map, the following shall apply:

(1)

Where a district boundary is indicated as approximately following the centerline of a street, watercourse or right-of-way of a utility line, such centerline shall be construed to be such boundary.

(2)

Where a district boundary is indicated as approximately following a lot line or other property line, such lot line or other property line shall be construed to be such boundary.

(3)

Where a district boundary divides a lot or runs through undivided property, the location of such boundary shall, unless specified by figures or dimensions on the map, be determined by the use of the scale appearing on said map.

(Code 1992, § 208-81; Ord. No. 455, 4-10-1979)

Where a lot is divided by a district boundary line, the uses permitted in the less restrictive district may extend into that portion of said lot in the more restrictive district to the nearest lot line, but in no case for a greater distance than twenty-five (25) feet, so long as full use is made of the less restrictive area of the lot before extension into the more restrictive area of the lot, and provided that the yard, coverage and other regulations of the less restrictive district shall not be so extended.

(Code 1992, § 208-82; Ord. No. 455, 4-10-1979)

Wherever federal- or state-owned property is included in one (1) or more of the zoning districts, such property shall be subject to the zoning regulations herein only to the extent permitted by the Constitution and laws of the United States of America and of the state.

(Code 1992, § 208-83; Ord. No. 455, 4-10-1979)

(a)

The flood hazard areas superimposed upon the borough zoning map are as delineated by the federal Department of Housing and Urban Development, in part, and represent those areas having the potential hazard of being flooded by storms of 100-year frequency (approximated at seven (7) inches in twenty-four (24) hours) as according to United States Corps of Engineers' data on the Delaware River, projected by elevation, and to a minor degree they reflect analysis of existing vegetation and soils. These areas have been divided into tidal floodplain and high-water table, each of which is described as follows:

(1)

Tidal floodplain. The boundary of this area is established by a combination of natural stormwater flow projected for a 100-year storm and the impounding effect of high water in the Delaware River when such 100-year storm coincides with exceptionally high tides and high winds, and such area shall be subject to the following provisions and regulations:

a.

Location. Where it is alleged by an applicant that the tidal floodplain on the ground differs from that shown on the zoning map, whether as a result of natural causes, manmade activity or otherwise, following recommendation of the borough engineer the planning board may, as a conditional use, allow or deny the extension or reduction of the tidal floodplain, subject to the following:

1.

Sufficient evidence shall be prepared and submitted by a professional engineer, registered in the state, indicating that a location other than that shown on the zoning map is more accurate.

2.

If an extension or reduction of the tidal floodplain is allowed by the planning board as a conditional use, all of the regulations herein pertaining to tidal floodplain shall apply to the new location and the zoning map revision shall be submitted to the commissioners for their review and, if approved, for their adoption as an amendment to this chapter.

3.

If, however, the extension or reduction of the tidal floodplain as a conditional use is denied by the planning board, appeal may be taken as prescribed by law.

b.

Use regulations in the tidal floodplain. Paved parking areas, retaining walls, swimming pools, tennis courts and other recreation areas and municipal uses, except schools and other permanent buildings, shall be permitted; provided, however, that no type of dwelling shall be permitted and any other use permitted in the zoning district in which the tidal floodplain lies shall be permitted only when authorized by the planning board or the zoning board of adjustment as a conditional use; and further provided that the specific location and method of solving the health, structural and sanitary engineering problems are solved in a manner acceptable to the borough board of health and the borough engineer, whose written opinions shall be submitted to the planning board, and provided that for any permitted use, the floodproofing and drainage facilities are installed as may be mandated by the planning board, following recommendation by the borough engineer and based upon standards and criteria promulgated by the federal flood insurance administrator, as revised from time to time.

c.

Modification of the ground within the tidal floodplain. Minor grading and excavation may take place within the tidal floodplain in connection with a permitted use, provided that:

1.

The cross-sectional area taken at right angle to the direction of flow shall neither be reduced, nor shall any other measure be taken which might disrupt or restrict the flow; and

2.

Such additional conditions and safeguards as may be imposed by the planning board or board of adjustment, as applicable, shall be complied with.

(2)

High-water table. The high-water table area indicated on the zoning map is based, in part, on the water hazard area map prepared by the federal Department of Housing and Urban Development for the borough and, in part, by existing soils and vegetation, together with personal knowledge of reliable, long-time residents of the borough, and shall be subject to the following provisions and regulations:

a.

Location. Where it is alleged by an applicant that the high-water table on the ground differs from that shown on the zoning map, whether as result of natural causes, manmade activity or otherwise, following recommendation of the borough engineer the planning board or the board of adjustment may, as a conditional use, allow or deny the extension or reduction of the high-water table, subject to the following:

1.

Sufficient evidence shall be prepared and submitted by a professional civil engineer, registered in the state, indicating that a location other than that shown on the zoning map is more accurate.

2.

If an extension or reduction of the high-water table is allowed as a conditional use, all of the regulations herein pertaining to the high-water table shall apply to the new location, and the zoning map revision shall be submitted to the commissioners for their review and, if approved, for their adoption as an amendment to this chapter.

3.

If, however, the extension or reduction of the high-water table in the above manner is denied by the planning board or board of adjustment, an appeal may be taken as prescribed by law.

b.

Use regulations in the high-water table areas. Any use permitted in the zoning district in which the high-water table area is located shall be permitted as a conditional use, subject to the planning board's finding, after recommendation of the borough engineer, that the following conditions prevail:

1.

That sufficient fill material will or has been installed to raise the level of the proposed building or other structure to such a degree that, in the board's opinion, there will be no potential hazard from the high-water table.

2.

That the type of building or other structure proposed is so designed that no harmful effect is likely to result from a possible high-water table.

3.

That there will be no interruption to the natural surface water flow and no impounding of surface water will result from the placement of fill to overcome the harmful effects of a possible high-water table.

4.

That placement of fill material on the lot in question will not cause the high-water table to be relocated on property previously not within the high-water table.

(b)

Boundary lines modified. In accordance with authorization appearing on the back of the Federal Department of Housing and Urban Development's flood hazard map, the boundary lines of the flood hazard areas on the zoning map have been modified to the degree considered proper and accurate, based upon conditions existing in the borough.

(c)

Warning and disclaimer of liability. The degree of flood hazard area delineation and warning provided by this article is for regulatory purposes and is based upon the best available data and careful study thereof; larger flood levels or high-water tables may occur on rare occasions, or the areas may be increased by manmade or natural causes, such as falling timber, ice jams and similar occurrences; in such instances, areas beyond those boundaries shown on the zoning map might be included. This chapter shall not create liability on the part of the borough or any officer or employee thereof.

(Code 1992, § 208-84; Ord. No. 455, 4-10-1979)

In the R Residential Districts, the following regulations shall apply:

(1)

Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:

a.

Single-family detached dwellings, subject to the following minimum habitable floor areas:

1.

For a one-story dwelling: one thousand (1,000) square feet.

2.

For a two-story dwelling: a total of one thousand two hundred (1,200) square feet, of which at least six hundred (600) square feet shall be on the ground floor.

b.

Single-family semi-detached dwellings (twin home).

c.

Churches or other places of worship, schools, public libraries, recreation and other municipal uses, but excluding dumps.

d.

Accessory uses, in accordance with subsection 113-444(2).

e.

Signs, in accordance with applicable provisions of section 113-409.

f.

Any use of the same general character as any of the uses hereinabove specifically permitted, when authorized as a conditional use.

g.

Kennels for the boarding and raising for sale of animals are specifically prohibited. This subsection includes the entire animal kingdom.

(2)

Height regulations. No building shall exceed thirty-five (35) feet in height.

(3)

Area, width, yard and coverage regulations.

a.

Minimum lot area and width. There shall be provided as follows for each:

1.

Single-family detached dwelling:

(i)

A lot area of not less than seven thousand five hundred (7,500) square feet; and

(ii)

A lot width of not less than fifty (50) feet at the minimum front yard setback line.

2.

Other permitted use:

(i)

A lot area of not less than ten thousand (10,000) square feet; and

(ii)

A lot width of not less than seventy-five (75) feet at the minimum front yard setback line.

b.

Required yards.

1.

Front yard. There shall be a front yard on each lot, the depth of which shall be not less than twenty (20) feet, except as provided in section 113-439. All corner lots shall have two (2) front yards. This is for residential purposes only.

2.

Side yards.

(i)

On each interior lot there shall be two (2) side yards having an aggregate width of not less than fifteen (15) feet, neither side yard having a width of less than five (5) feet.

(ii)

On each corner lot there shall be two (2) side yards, the side yard abutting the street having a width of not less than fifteen (15) feet and the other not less than five (5) feet.

3.

Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than twenty-five (25) feet; provided, however, that an accessory use building or structure may be erected and maintained within the rear yard not closer to the rear lot line than five (5) feet.

c.

Coverage regulations.

1.

Building coverage. Not more than twenty-five percent (25%) of the lot area shall be covered by buildings.

2.

Lot coverage. Not more than forty percent (40%) of the lot area shall be covered by buildings, paving and other impervious surfaces.

(4)

Single-family semi-detached dwellings (twin home).

a.

Lot dimensions and yard requirements.

1.

Lot dimensions.

(i)

Minimum lot area: two thousand (2,000) square feet.

(ii)

Minimum width: twenty (20) feet.

(iii)

Minimum depth: one hundred (100) feet.

2.

Yard requirements.

(i)

Minimum front yard: twenty (20) feet (note 1).

(ii)

Minimum one (1) side yard: zero (0) feet.

(iii)

Minimum both side yards: ten (10) feet.

(iv)

Minimum rear yard: twenty (20) feet.

3.

Lot coverage.

(i)

Maximum building coverage: fifty percent (50%).

(ii)

Maximum impervious coverage: sixty percent (60%).

4.

Height requirements.

(i)

Number of stories: two and one-half (2½).

(ii)

Maximum height: thirty-five (35) feet.

Note 1: except that a staggered front yard setback shall be provided such that the same setback shall not be continued a distance of more than the width of two (2) townhouse units, with the minimum offset being not less than four (4) feet. On each corner lot there shall be two (2) front yards, both front yards abutting the street having a width of not less than twenty (20) feet, except as provided in section 113-439. All corner lots shall have two (2) front yards.

(5)

Off-street parking. The regulation of section 113-408 to the contrary notwithstanding, there shall be no parking in all residential zones in front yards within the side building lines, or within a side yard abutting a street. Garages, outbuildings, sheds and other similar structures shall be excluded.

(Code 1992, § 208-85; Ord. No. 455, 4-10-1979; Ord. No. 488, 5-13-1981; Ord. No. 645, 9-18-1990; Ord. No. 733, 9-19-1995; Ord. No. 837-02, § 2, 12-30-2002; Ord. No. 854-03, § 1, 12-30-2003; Ord. No. 919-07, §§ 3, 4, 5-22-2007; Ord. No. 935-08, § 2, 5-20-2008; Memo of 4-7-2016, § 208-85)

In R-1 Residential Districts the following regulations shall apply:

Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any of the purposes and no other. Townhouses; condominiums, multifamily dwellings; single-family semi-detached dwellings; commercial and industrial uses.

(1)

Townhouses.

a.

Not more than eight (8) townhouses shall be attached to form a single group, provided an average unit width of twenty-four (24) feet is maintained with no individual unit having a width of less than eighteen (18) feet.

b.

End townhouses of a group may be oriented in a different direction from those comprising the interior of the group to achieve variety, but this shall not be deemed a requirement.

c.

Off-street parking shall be provided in accordance with section 113-408 herein and located or arranged in any of the following ways:

1.

In conveniently located interior parking compounds or lots, each joint parking area serving not more than six (6) groups of townhouses and so arranged on the development plan as to provide generally equal access to all groups;

2.

Within an interior street, at right angles to the property line and opposite the townhouses served, provided that each group of parking spaces shall not extend continuously along a street but shall extend in total width no more than the overall length of the townhouse group served by such parking spaces; or

3.

In a combination of the above methods to meet the requirements of section 113-408 herein.

d.

There shall be a density not exceeding ten (10) townhouses per acre.

e.

The development plan shall indicate a typical townhouse group, showing proposed variety in roofline, color and construction materials of the facades and front setback within the group, together with method of providing off-street parking for that group.

f.

Lot dimensions and yard requirements.

1.

Lot dimensions.

(i)

Minimum width: two hundred (200) feet.

(ii)

Minimum depth: one hundred and fifty (150) feet.

2.

Yard requirements.

(i)

Minimum front yard: twenty-five (25) feet (note 1).

(ii)

Minimum one (1) side yard: twelve (12) feet.

(iii)

Minimum both side yards: thirty (30) feet.

(iv)

Minimum rear yard: forty-five (45) feet.

3.

Lot coverage.

(i)

Maximum building coverage: forty-five percent (45%).

(ii)

Maximum impervious coverage: seventy percent (70%).

4.

Height requirements.

(i)

Number of stories: two and one-half (2½).

(ii)

Maximum height: thirty-five (35) feet.

5.

Minimum distance between structures.

(i)

End to end: thirty (30) feet.

(ii)

End to back: thirty-five (35) feet.

(iii)

Back to back: fifty (50) feet.

(iv)

Front to front, back or end: seventy-five (75) feet.

Note 1: except that a staggered front yard setback shall be provided such that the same setback shall not be continued a distance of more than the width of two (2) townhouse units, with the minimum offset being not less than four (4) feet.

(2)

Multifamily dwellings. Typical architectural elevations of buildings showing heights and spacing of buildings, if more than one (1) building on a site, and the relationship to property lines shall be submitted, as well as a site plan for the entire project, at a scale of one (1) inch equals not more than twenty (20) feet, showing:

a.

The layout of all buildings, driveways, off-street parking, walks, yards and open spaces for recreation for tenants and indicating the total lot area, the total number of dwelling units proposed and the height of typical buildings.

b.

All information required in article VI herein, as well as existing and proposed trees, shrubs and other vegetation.

c.

For two-story multifamily dwellings:

1.

Building arrangement.

(i)

Not more than three (3) buildings shall be attached, and courts shall be enclosed on not more than three (3) sides.

(ii)

The minimum distance between buildings shall be:

(A)

Three (3) times the height of the taller of two (2) buildings where any part of either building faces upon another, but in no case less than sixty (60) feet.

(B)

Two (2) times the height of the taller of two (2) buildings where any part of either backs upon the other, but in no case less than forty-five (45) feet.

(C)

The height of the taller of two (2) buildings where any part of one (1) abuts end to end to the other, but in no case less than twenty (20) feet.

2.

Length. The overall length in a single direction of any combination of attached buildings shall be not more than two hundred (200) feet.

d.

For high-rise apartments and senior citizen housing:

1.

Density, as specified in the district regulations.

2.

The spacing of buildings. The space between any two (2) buildings shall be not less than the height of the taller of such buildings.

3.

Yards, off-street parking and coverage regulations, as specified in the district regulations.

(3)

Single-family semi-detached dwellings (twin home).

a.

Lot dimensions and yard requirements.

1.

Lot dimensions.

(i)

Minimum lot area: two thousand (2,000) square feet.

(ii)

Minimum width: twenty (20) feet.

(iii)

Minimum depth: one hundred (100) feet.

2.

Yard requirements.

(i)

Minimum front yard: twenty (20) feet (note 1).

(ii)

Minimum one (1) side yard: zero (0) feet.

(iii)

Minimum both side yards: ten (10) feet.

(iv)

Minimum rear yard: twenty (20) feet.

3.

Lot coverage.

(i)

Maximum building coverage: fifty percent (50%).

(ii)

Maximum impervious coverage: sixty percent (60%).

4.

Height requirements.

(i)

Number of stories: two and one-half (2½).

(ii)

Maximum height: thirty-five (35) feet.

Note 1: except that a staggered front yard setback shall be provided such that the same setback shall not be continued a distance of more than the width of two (2) townhouse units, with the minimum offset being not less than four (4) feet.

(4)

Commercial buildings and groups thereof. Whether single buildings or groups thereof, the development plan shall show all required information in article VI herein, to provide for proper review and approval.

(5)

Industrial buildings. The site plan or development plan in the case of two (2) or more buildings on a single lot, as in an industrial park, shall be at a scale of not more than forty (40) feet equals one (1) inch and shall show all information required by article VI herein, as well as the expected number of employees.

(6)

[Accessory structures.] Accessory structures for townhouses and multifamily dwellings shall have a minimum distance to all adjoining property lines of six (6) feet. Decks are not permitted to be constructed beyond the limit of any side building setback line.

(Memo of 4-7-2016, § 208-86)

(a)

Purpose and intent. The purpose and intent of the Kings Highway Residential Zone is to allow for low density single-family residential housing so to preserve the existing pattern of residential development along a segment of the Kings Highway corridor.

(b)

Permitted uses. Single-family detached dwellings.

(c)

Accessory uses.

(1)

Private garages;

(2)

Uses accessory to dwellings as set forth under section 113-444(2); and

(3)

Signs in accordance with applicable provisions of section 113-409.

(d)

Density. The maximum permitted density over the entirety of the zone is one and one-half (1.5) dwelling units per acre.

(e)

Area and bulk standards.

(1)

Minimum lot size: Fifteen thousand (15,000) square feet.

(2)

Minimum lot width: Seventy-five (75) feet as measured at the required front yard setback.

(3)

Minimum front yard: Fifty (50) feet.

(4)

Minimum side yard: Twelve (12) feet; fifty (50) feet where abutting a street.

(5)

Minimum rear yard: Twenty-five (25) feet.

(6)

Maximum building coverage: Thirty percent (30%).

(7)

Maximum lot coverage: Fifty-five percent (55%).

(8)

Accessory bulk standards:

a.

Accessory buildings and uses may be situated in side or rear yards provided not more than twenty-five percent (25%) of the aggregate area of the side and rear yards is devoted to said use.

b.

Accessory buildings are to be set back a minimum of five (5) feet from a side property line and fifteen (15) feet from a rear property line, except where a side or rear yard abuts a street, the required setback is a minimum of twenty (20) feet.

c.

Accessory buildings and structures are not to exceed a height of twelve (12) feet unless the floor area exceeds one hundred fifty (150) square feet in which case a height of twenty (20) feet is permitted.

(f)

Zone specific standards.

(1)

Dwellings are to be oriented such that the front elevation faces Kings Highway.

(2)

Dwellings existing as of December 1, 2006, which conform to the yard requirements of the prevailing zoning, but do not satisfy the requirements set forth herein, shall not be deemed nonconforming as to same.

(Memo of 4-7-2016, § 208-87)

In the A Business Districts, the following regulations shall apply:

(1)

Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:

a.

A use permitted in the R Residential Districts; provided, however, that an existing single-family detached dwelling may be converted only to a permitted nonresidential use for the entire building when authorized as a conditional use and with the site plan approved by the planning board, and further provided that an increase in the number of families shall not be permitted therein.

b.

Multifamily dwellings, subject to the provisions of section 113-448, but which shall not be permitted as result of a conversion of a single-family detached or other dwelling.

c.

Business or professional office buildings, banks or other financial institutions.

d.

The following uses, when authorized as a conditional use: A use of the same general character as any use permitted above without requirement of a conditional use.

e.

Signs, subject to the provisions of section 113-409.

f.

Accessory uses on the same lot with and customarily incidental to any of the foregoing permitted uses.

(2)

Height regulations. The maximum height of multifamily dwellings and office buildings shall be four (4) stories or forty-five (45) feet, and the maximum height of all other permitted uses shall be thirty-five (35) feet.

(3)

Area, width, yard and coverage regulations.

a.

Minimum lot area and width regulations shall be as follows:

b.

Minimum yard and maximum coverage regulations shall be as follows:

(4)

Screen planting. For any permitted use other than single-family detached dwelling along any side or rear lot line abutting a residential district, there shall be installed and maintained a screen planting consisting of plant material approved by the planning board which will attain an ultimate height and width of at least eight (8) feet, made up of at least fifty percent (50%) evergreen material mixed throughout the length of such screen.

(5)

Off-street parking. The regulations of section 113-408 to the contrary notwithstanding, there shall be no parking within the front yard or within a side yard abutting a street.

(Code 1992, § 208-86; Ord. No. 455, 4-10-1979)

In the A-1 Business Districts, the following regulations shall apply:

(1)

Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:

a.

A use permitted in the R Residential Districts, subject to the same provisions concerning conversions and approval of site plan as contained in section 113-383(1)a.

b.

Commercial and professional offices or office buildings.

c.

Professional studios for art, music, photography and design.

d.

Signs, subject to the provisions of section 113-409.

e.

Accessory uses on the same lot with, and customarily incidental to, any of the foregoing permitted uses.

f.

A use of the same general character as any of the foregoing permitted uses, when authorized as a conditional use.

g.

Craft shops, antique shops, novelty shops or other types of retail shops shall be not permitted in the A-1 Business Zone. However, the number of seats or students permitted shall be limited to the number of off-street parking spaces that are required (see section 113-408 for off-street parking and loading requirements).

h.

Art classes, stain glass classes, craft classes and other similar establishments that may be associated with professional studios shall be permitted. However, the number of seats or students permitted shall be limited to the number of off-street parking spaces that are required (see section 113-408 for off-street parking and loading requirements).

i.

No outside sales or display of merchandise or goods shall be permitted. No retail sales shall be permitted.

j.

The following uses are prohibited in an A-1 Business Zone.

1.

Adult entertainment.

2.

Pool halls.

3.

Video games.

4.

Retail stores.

5.

Fast food establishments.

6.

Public garages or automobile repair shops.

7.

Gasoline service station.

8.

Vending machines of any kind installed or operated outside or upon the exterior or any part of the premises.

9.

Public address system, loud speaker or sound emanating from building.

10.

Outdoor advertising promotions such as banners, balloons, tents, etc.

11.

Places of worship.

(2)

Height regulations. The maximum height of buildings shall be not more than thirty (30) feet or two and one-half (2½) stories.

(3)

Area, width, yard and coverage regulations. Area, width, yard and coverage regulations shall be as follows:

a.

Minimum lot area: Not less than seven thousand five hundred (7,500) square feet.

b.

Lot width: Not less than fifty (50) feet.

c.

Required yards.

1.

Front yard. There shall be a front yard on each lot, the depth of which shall be not less than twenty-five (25) feet.

2.

Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than forty (40) feet.

3.

Side yards.

(i)

On each interior lot there shall be two (2) side yards having an aggregate width not less than twenty-five (25) feet, neither side yard having a width less than ten (10) feet.

(ii)

On each corner lot there shall be two (2) side yards, the side yard abutting the street having a width not less than twenty (20) feet, and the side yard not abutting the street having a width not less than ten (10) feet.

d.

Coverage regulations.

1.

Building coverage. There shall be not more than thirty-five percent (35%) of the lot area occupied by buildings.

2.

Lot coverage. Not more than seventy percent (70%) of the area of the lot shall be covered by buildings, paved areas and other impervious surfaces.

(4)

Screen planting. The provisions of section 113-383(4) shall apply.

(5)

Off-street parking. The provisions of section 113-408 to the contrary notwithstanding, no off-street parking shall be permitted within a front yard or within a side yard abutting a street.

(Code 1992, § 208-87; Ord. No. 455, 4-10-1979; Memo of 4-7-2016, § 208-89)

In the B Business Districts, the following regulations shall apply:

(1)

Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:

a.

A use permitted in A Business Districts and subject to the same provisions concerning conversions and site plan approval.

b.

Townhouse dwellings, provided that the development of such use shall consist of not less than two (2) acres, and further provided that the density shall not exceed ten (10) families per acre and that the provisions of section 113-448 shall apply.

c.

Retail stores for the sale of items necessary to satisfy daily needs, provided the gross floor area of said stores, whether standalone or occupying the same building with other stores, does not exceed four thousand (4,000) square feet. Permitted retail items include such items as: baked goods, clocks, clothing, confectioneries, dry goods, flowers, food, hardware, household supplies, jewelry, musical instruments, newspapers, optical goods, pharmaceuticals, professional and scientific instruments, sporting goods, stationery, tobacco goods, and similar retail uses.

d.

Delicatessen.

e.

Restaurants to include take-out service.

f.

Undertaking establishments, when authorized as a conditional use.

g.

Testing laboratories, however, no exterior storage of samples, materials, or equipment shall be permitted.

h.

Travel agencies and insurance agencies.

i.

By special permit granted by the planning board only, gasoline service stations and automobile repair and detail garages subject to the standards set forth at section 113-209 and, in the case of gasoline service stations, the standards set forth at section 113-438; further providing:

1.

Not more than four (4) vehicles are stored on site overnight; and

2.

All service work is performed within an enclosed garage.

3.

Submission of a complete site plan showing the following:

(i)

Location and number of fuel pumps.

(ii)

Location, depth, capacity and design of fuel tanks.

(iii)

The number or capacity of automobiles that may be garaged within the building. The number of automobiles that will be stored on the property overnight (limited to no more than four (4) vehicles).

(iv)

Proper access and circulation.

(v)

Twenty (20) feet wide buffer areas with landscaping along all property lines and right-of-way lines.

(vi)

Stormwater management.

(vii)

Handicapped parking and access, lighting, landscaping, signage, etc.

(viii)

Provisions to perform all service work on automobiles inside the garage structure with garage doors in the closed position.

(ix)

All other aspects of the site plan ordinance.

j.

Garden tools and supplies, however, no exterior storage/display of products for sale will be permitted.

k.

Personal services specifically limited to barber shops, beauty salons, nail salons, and similar uses, but not to include body piercing, tattooing, or other work on or with the human body beyond that which is typical for the uses specifically mentioned above.

l.

Specifically prohibited uses include, houses of worship, adult entertainment, pool halls, video game establishments, vending machines located on the exterior of the premises, outdoor advertising promotions incorporating banners, balloons and tents, and public address systems, loud speakers or sound emanating from the same.

m.

Apartments provided location above the ground floor in buildings having therein professional and medical uses.

n.

Outdoor sales by special permit, of goods made or sold on the premises, provided adherence to the following:

1.

Display items are located not more than four (4) feet extending outward from the displaying store's front facade or the point at which the free flow of pedestrian traffic is impeded as determined by the appropriate municipal official, whichever is the lesser.

2.

The display does not impede visibility for motorists and pedestrians at intersections and crosswalks and is removed at the end of each business day.

o.

Outdoor service of food by special permit, provided adherence to the following:

1.

Outdoor food service is provided as an extension of an existing approved indoor restaurant occupying the same site under the same ownership and management as the indoor restaurant.

2.

No tables, chairs, storage items or any other item may be left outside of the restaurant outside of hours of operation.

3.

No disposable products (dishes, cutlery, cups, napkins, etc.) may be used.

4.

A safe, continuous path on the public sidewalk, with a minimum width of four (4) feet, is maintained.

5.

Acceptance of a minor site plan depicting existing and proposed features necessary for the provision of outdoor food service.

(2)

Height regulations. The maximum height of buildings shall be thirty-five (35) feet; provided, however, that where the depth of the lot is two hundred (200) feet or more to allow for proper off-street parking, the maximum height shall be four (4) stories or forty-five (45) feet, when authorized as a conditional use.

(3)

Area, width, yard and coverage regulations.

a.

For any permitted use on a lot having a depth of not more than one hundred fifty (150) feet, the area, width, yard and coverage regulations of A Business Districts shall apply.

b.

For lots having a depth greater than one hundred fifty (150) feet, the following shall apply:

1.

Minimum lot area: Fifteen thousand (15,000) square feet.

2.

Minimum lot width: Seventy-five (75) feet.

3.

Minimum front yard: Thirty (30) feet.

4.

Minimum rear yard: Fifty (50) feet.

5.

Side yards.

(i)

Minimum, for any one (1) side yard: Fifteen (15) feet.

(ii)

Aggregate: Thirty-five (35) feet.

6.

Maximum building coverage: Thirty-five percent (35%).

7.

Maximum lot coverage: Seventy-five percent (75%).

c.

For townhouses, the provisions of section 113-448 shall apply.

(4)

Screen planting. The provisions of section 113-383(4) shall apply.

(5)

Off-street parking. The regulations of section 113-408 to the contrary notwithstanding, there shall be no off-street parking within a front yard or within a side yard abutting a street.

(Code 1992, § 208-88; Ord. No. 455, 4-10-1979; Memo of 4-7-2016, § 208-90)

In the B-1 Business Districts, the following regulations shall apply:

(1)

Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:

a.

A use permitted in the B Business Districts.

b.

Restaurants, confectioneries, ice cream shops, water ice shops and cafes, or other establishments serving food and lawful beverages on the premises. Outdoor counter service or outdoor seating shall be by special permit by both the planning board and the governing body of the borough.

c.

Personal service shops, including barbers, nail salons, beauty salons; pickup for cleaning and laundry, dressmakers, tailors and shoe repair, but excluding self-service laundries or cleaning establishments or any other establishment where cleaning or laundry work is done on the premises.

d.

The sale of hardware, pharmaceuticals, tobacco products, stationery, newspapers and periodicals, bakery, sandwich shops, delicatessens, variety shops, service-oriented retail such as travel agency, insurance, accounting, financing, etc.; and professional offices such as an architect, accountant, lawyer or similar use where a professional license or certification is required.

e.

Proposed use for buildings with second-story space shall include:

1.

Professional offices such as legal services, financial services, engineers, architects, where a professional license or certification is required from the State of New Jersey.

2.

Residential apartment use.

f.

The display of outdoor sales is permitted by special permit only.

g.

Outdoor service of food is permitted by special permit only.

h.

Retail uses: Card and gift, jewelry shops, antiques stores, hobby shops, and art dealers.

i.

Prohibited use shall include the following:

1.

The sale of alcohol.

2.

Adult entertainment:

(i)

Pool halls.

(ii)

Video games.

3.

Vending machines of any kind installed or operated outside or upon the exterior of any property.

4.

Public address system, loud speaker or sound emanating from the building.

5.

Outdoor advertising promotions such as banners, balloons, tents, etc. (by special permitting).

6.

Body piercing shops, tattoo parlors or other similar establishments that require working on or with the human body.

(2)

Height regulations. The maximum height of buildings shall be not more than thirty (30) feet or two and one-half (2½) stories.

(3)

Area, width, yard and coverage regulations.

a.

Minimum lot area and width. There shall be provided a minimum lot area of four thousand (4,000) square feet and a minimum lot width of forty (40) feet.

b.

Coverage regulations.

1.

Building coverage. Not more than fifty percent (50%) of the area of the lot shall be covered by buildings.

2.

Lot coverage. Not more than eighty percent (80%) of the lot shall be covered by buildings, paving and other impervious material.

c.

Yard regulations.

1.

Front yard. There shall be a front yard on each lot, the depth of which shall be not less than twelve (12) feet.

2.

Rear yard. There shall be a rear yard on each lot, the depth of which shall be not less than ten (10) feet.

3.

Side yard. Buildings may either be constructed with common party walls with the adjacent lots, or if not on the common property line, side yards may be a minimum of five (5) feet in width; provided, however, that the side yard abutting a street shall be not less than ten (10) feet in width.

(4)

Screening. Wherever a lot abuts a residential district or a residential use, a screen wall or architectural fence shall be erected adjacent to the lot line abutting the residential district or use and having a height not less than six (6) feet, provided that no such wall or fence shall extend into a front yard.

(5)

Off-street parking. The provisions of section 113-409 herein to the contrary notwithstanding, if the required off-street parking cannot be provided on the same lot with the use to be served, convenient off-street parking spaces shall be provided and maintained at a nearby location.

(Code 1992, § 208-89; Ord. No. 455, 4-10-1979; Memo of 4-7-2016, § 208-91)

Editor's note— At the direction of the city in a memo dated April 7, 2016, § 113-387 was deleted in its entirety. Former § 113-387 pertained to B-2 Business Districts and derived from the Code of 1992, § 208-90; and Ord. No. 455, adopted April 10, 1979.

In the C Business Districts, the following regulations shall apply:

(1)

Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other:

a.

Any use permitted in B-2 Business Districts, including warehousing, but only for products sold on the premises, either retail or wholesale.

b.

Senior citizen housing and other multifamily dwellings of a similar density, including parking garages for tenants and their guests, provided that no other residential use shall be permitted.

c.

Appliance repair centers, including sales and service, and equipment rental.

d.

Bakeries, confectioneries and other food products sold on the premises.

e.

Carpentry, cabinet-making, furniture or upholstery shops, plumbing and heating supplies and service, paints and wallpaper, floor covering and lighting fixtures.

f.

Any use of the same general character as any of the foregoing permitted uses, provided that such uses shall not be detrimental to the surrounding neighborhood by reason of noise, glare, odor, vibration or hazard by reason of fire, explosion or radiation.

(2)

Height regulations. The maximum height of multifamily dwellings shall be twelve (12) stories and of parking garages shall be four (4) stories, and for all other permitted uses the maximum height shall be thirty-five (35) feet or two and one-half (2½) stories.

(3)

Area, width, yard and coverage regulations. The following shall apply:

a.

Minimum lot area and width.

1.

For high-rise multifamily dwellings, including parking garage, the minimum lot area shall be three (3) acres, and the minimum lot width shall be five hundred (500) feet.

2.

For all other permitted uses, the minimum lot area shall be twenty thousand (20,000) square feet, and the minimum lot width shall be one hundred (100) feet.

b.

Minimum yards and maximum coverage. Minimum yards and maximum coverage shall be as follows:

(4)

Off-street parking. The off-street parking regulations of section 113-408 to the contrary notwithstanding, there shall be no off-street parking within a front yard or within a side yard abutting a street.

(5)

High-rise multifamily dwellings. High-rise multifamily dwellings shall be in accordance with the applicable provisions of section 113-448.

(6)

Storage of equipment and materials. There shall be no storage of equipment or materials within a front yard or within a side yard abutting a street.

(Code 1992, § 208-91; Ord. No. 455, 4-10-1979)

In the PR Planned Retail Districts, the following regulations shall apply:

(1)

Use regulations. A building may be erected, altered or used and a lot may be used or occupied for any of the following purposes and no other, provided all permitted uses shall be shown on a development plan together with other information as prescribed in article VI:

a.

Retail.

b.

Medical and professional offices.

c.

Restaurants.

d.

Banks and other financial institutions.

e.

Planned development comprised of any combination of the above permitted uses.

(2)

Height, area, width, yard and coverage regulations. The maximum height of buildings and other structures shall be thirty-five (35) feet, and the minimum lot area shall be two (2) acres. The lot width, yard and coverage regulations shall be in accordance with applicable portions of section 113-448 and as shown on the required development plan.

(3)

Required development plan. In addition to the provisions pertaining to development plans in section 113-448, such development plan shall be reviewed and approved as a site plan as provided herein, provided that such review as a site plan and as a development plan may be simultaneous on the part of the planning board.

(Code 1992, § 208-92; Ord. No. 455, 4-10-1979; Memo of 4-7-2016, § 208-93)