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Belleville City Zoning Code

§ 23-7.8

Permitted in the B-G Commercial Residential Mixed-Use Zone District.

[Ord. No. 3134; amended 6-4-2018 by Ord. No. 3495; 11-5-2018 by Ord. No. 3511; 10-13-2020 by Ord. No. 3598; 8-17-2021 by Ord. No. 3627; 4-12-2022 by Ord. No. 3644; 3-28-2023 by Ord. No. 07-23]
a. 
Permitted Principal Use.
1. 
Business, professional and corporate offices.
2. 
All retail sales and service uses EXCEPT those USES prohibited in paragraph c below.
3. 
Restaurants.
4. 
Bars, taverns, brewpub/brewery/distillery.
5. 
Indoor commercial recreation facilities.
6. 
Dancing facilities.
7. 
Day care facilities (adult/child).
8. 
Arts studio or gallery.
9. 
Physical fitness gym/studio.
10. 
Educational class or school use.
11. 
Houses of worship, in freestanding buildings as per § 23-8.6 Houses of Worship.
[Amended 4-12-2022 by Ord. No. 3644]
12. 
Public and private recreational uses.
13. 
Automobile/vehicle sales within an enclosed building only.
14. 
Municipal off-street parking facilities, surface parking or garage with ground floor retail.
15. 
Combination of all uses listed above.
16. 
Mixed use residential and commercial building in accordance with the following:
[Amended 4-12-2022 by Ord. No. 3644]
(a) 
Must contain Ground Floor retail sales and service uses, and/or restaurant uses, and/or all other uses listed as permitted above, except for business, professional, or corporate offices, Houses of Worship, catering and banquet facilities, except as further exempted in paragraph i. below.
(1) 
Mixed use residential and commercial buildings with 10 dwelling unit or less may include business, professional, or corporate offices on the ground floor.
(b) 
The mixed-use building shall have the permitted ground floor uses along its entire Washington Avenue, Franklin Street, and Belmont Avenue street level frontage with the only interruption for lobby area or residential access.
(c) 
Residential and/or office uses shall be permitted and encouraged above the ground floor.
(d) 
Mixed use buildings that do not contain the required permitted uses shall NOT be interpreted as a permitted use within this district.
17. 
Dance studios.
18. 
Theaters.
19. 
Cigar shop.
20. 
Cigar lounge.
21. 
Massage, body work and somatic therapy establishments.
22. 
Chair massage establishments.
b. 
Permitted Accessory Use.
1. 
All uses customarily associated with the principal uses including accessory physical components as listed below.
2. 
Canopy Awnings with supports connected to the building wall.
3. 
Maximum five foot high fence - provided it is not chain link and does not contain barbed or razor wire. Refer to paragraph k Additional Parking Regulations, for more specific requirements.
4. 
Signs.
5. 
Retaining walls.
6. 
Multi-level garages - provided they contain active ground floor retail or restaurant establishment along the Washington Avenue, Franklin Street, and Belmont Avenue frontage.
7. 
Surface parking ONLY if behind the principal building and not visible from the street.
c. 
Conditional uses.
1. 
Cannabis Retailer.
[Added 8-17-2021 by Ord. No. 3627]
2. 
Cannabis Delivery.
[Added 8-17-2021 by Ord. No. 3627]
d. 
Prohibited Use.
1. 
Self-storage.
2. 
Warehousing or any form of commercial use storage.
3. 
Heavy industrial uses.
4. 
Motels.
5. 
Auto and body repair.
6. 
Auto sales, auctions and dealerships, with outdoor vehicular storage.
7. 
Truck, motorcycle or recreational vehicle sales, auctions and dealerships with outdoor vehicular storage, operating outside of a showroom.
8. 
Used car storage lots.
9. 
Gas stations.
10. 
Restaurants with drive-in facilities.
11. 
Drive-up banks.
12. 
Drive-up pharmacies.
13. 
Lumber yards, junk yards and other open air storage or sales facilities.
14. 
Surface parking lots fronting on the Main Avenue.
15. 
Strip clubs/sex shops/anything directly related.
16. 
Smoke shops.
17. 
Vape shops.
18. 
Check cashing businesses.
19. 
Bail bonds.
20. 
Pawn shops.
21. 
Massage parlors.
22. 
Tattoo parlors.
23. 
Dancing facilities.
e. 
Building Bulk and Setback Requirements. See Schedule of District Regulations Table which may be found at § 23-3.
f. 
Additional Requirements for Mixed Use Commercial Residential Buildings.
1. 
Ground Floor (street level) Requirements.
(a) 
Minimum Ground Floor Retail - at least 25% to 30% of the ground floor area shall be utilized for permitted principal uses other than parking that are open to the public.
(b) 
Floor to ceiling height shall be at least 14 feet.
(c) 
The facade on Washington Avenue, Franklin Street, and Belmont Avenue frontages and the frontage of any adjoining perpendicular street shall contain at least 75% glazing. Glazing shall be of clear non-tinted glass.
(d) 
A maximum of 10% of the glazing may be spandrel glass or tinted to screen as needed.
(e) 
Retail entrances shall be at street level.
(f) 
A mixed use building shall have retail sales and service establishments along its entire Washington Avenue, Franklin Street, and Belmont Avenue street level frontage with the only interruption for lobby area or residential access. Restaurants without drive through facilities are permitted.
(g) 
Minimum Residential Use Floor to Ceiling Height - nine feet.
(h) 
Bedroom Mix/Distribution - For developments consisting of eight or more dwelling units, a maximum of 25% shall be two or more bedroom units.
(i) 
Unit Size - Minimum unit size 550 square feet.
g. 
Bonus for Additional Office Floor With Additional Parking.
1. 
This bonus shall be only available to corner sites or sites with a second street frontage in addition to Washington Avenue, Franklin Street, or Belmont Avenue.
2. 
The maximum height of the building is permitted to increase by two stories if one story will provide offices uses and the second will provide parking that will be shared to support retail and provide commercial shoppers parking for the area. See § 23-3 Schedule of District Regulations for the permitted stories and feet.
3. 
Garage ingress or egress shall not be from Washington Avenue, Franklin Street, and Belmont Avenue.
h. 
Building Amenities.
1. 
All mixed use buildings shall be required to provide appropriate on-site recreation facilities for residents to use. Indoor shared amenity space shall be provided at a ratio of 10 square feet of interior amenity floor area per unit. Improved shared active outdoor terrace space shall be provided at a rate of 12 square feet of outdoor terrace floor area per unit.
2. 
Indoor shared amenity space shall contain at a minimum, a club room with kitchen facilities for when tenants hold group events or host visitors, and a gym with fitness equipment. Other additional amenities such as a business center or toddler play area should be considered.
3. 
Outdoor terrace shared amenity space shall contain, at a minimum, barbeque facilities, fire pit and outdoor tables, chairs and lounge seating.
4. 
Projects containing greater than 20 dwelling units shall incorporate a shared rooftop open space and a shared club room with kitchen facilities for larger group events serving the tenants. Other amenities such as gym, dog run, tot lot and business center should also be considered.
i. 
Facade Treatment, Materials, and Articulation.
1. 
Ground garages adjacent to Washington Avenue, Franklin Street, and Belmont Avenue or any side street sharing frontage shall be wrapped by a permitted or accessory first floor use or the residential lobby. Any upper floor exposed garage or garage exposed on a non-wrapped, non-street frontage facade shall contain punched openings designed to maintain the look of the residential windows on the balance of the building. These openings shall also incorporate decorative screening, metal or grills to shield internal garage lighting.
2. 
All garages shall incorporate a decorative garage door that is consistent with building design that is electronically opened and immediately automatically closed unless opened by the traveling vehicle.
3. 
Garage ingress or egress shall not be from Washington Avenue, Franklin Street, and Belmont Avenue if alternative street frontage is available.
4. 
In cases where the parking area can only be accessed from Washington Avenue, a space in the building wall would be allowed to permit two-way vehicular and pedestrian access. At a maximum curb cut of 20 feet.
5. 
All utilities' shall be interior to the building and fitted with remote readers where possible.
6. 
Where HVAC units are proposed for the roof, they shall be screened within the roof parapet or roof design.
7. 
All buildings shall be designed to be attractive from each vantage point and be consistent in their quality and finish on all elevations.
8. 
All buildings shall be designed to have a distinctive base, middle and top.
9. 
Buildings shall be designed using a color palette that complements the architectural context of the surrounding area.
10. 
The visual impact of any parking facilities, or other accessory utility structures shall be minimized and screened to the greatest extent feasible.
11. 
Blank or featureless walls shall be avoided.
12. 
High quality durable decorative materials shall be incorporated in to the ground floor facade along a public R-O-W.
13. 
Retail entrances shall be at street level and open directly onto the sidewalk
14. 
The primary exterior building materials shall be brick, wood, stone, composite stone, lath applied stucco, metal, glass, or other similarly durable and attractive materials.
[Amended 10-13-2020 by Ord. No. 3598]
Excluding glazing and accent articulations, there shall be a maximum of four exterior materials cladding the building facade. A brick or other natural material such as granite or limestone shall comprise a minimum of 25% of the facade.
Aluminum siding, vinyl siding, concrete block, perma-stone, and EIFS or similar cementitious concrete panels shall be prohibited.
15. 
No building shall have a wall with an uninterrupted length of more than 30 feet without including a change in the vertical plane of the facade. This may be achieved through any one or combination of the following:
(a) 
Pilasters, bay windows, building step-backs, and other facade recesses or projections.
(b) 
The step-back or projection shall be a minimum of 18 inches from the primary building facade.
(c) 
The changes in the building facade plane shall occur for the full height of the building, above the retail floor.
16. 
All facade vents for air conditioning or heating units shall be incorporated into the window design such that vent grills and windows appear as a single unit. This is best achieved by lining up vent grills with the vertical or horizontal edge of the adjacent window and matching the window's length or width or using a spandrel panel to fill any voids. Vent grills shall be hidden behind decorative iron or metal work which complements the style of the building.
17. 
All retail and restaurant ground floor tenant spaces shall be serviced by a ventilation shaft thru the roof of the building and not over the retail window transom.
18. 
Where the foundation of a building is exposed, it shall be covered with decorative material. Foundation plantings may also be incorporated between the building and the sidewalk or decorative planters may be utilized to accent the sidewalk and building.
j. 
Affordable Housing.
The minimum percentage of affordable units for residential developments shall be in accordance with the following:
Total Number of Units
Minimum % of Affordable Units
10 and under
0%
11 to 50
10%
51 or more
15%
With the approval of the Planning Board, the applicant can provide an in-lieu payment of $25,000 for each required affordable housing unit.
k. 
Additional Parking Regulations.
1. 
No off-street parking shall be permitted in a front yard within this district. Any off Street parking adjacent to or visible from a public street shall be screened from public view by a four feet high decorative metal fence with brick posts and the inclusion of hedge sized evergreen landscaping, which has a minimum height of three feet at planting.
2. 
Permitted uses proposed for existing buildings within the B-A and B-G districts shall be EXEMPT from the parking standards found within § 23-6.1 Parking Space Required.
3. 
Driveways shall be minimal in size and frequency so as not to hinder the pedestrian shopping experience of the district.