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Berlin Township City Zoning Code

ARTICLE XIX

Central Business District Zone

§ 340-121 Designation of area; compliance required.

There is hereby established a Central Business District Zone for the following properties: Block 105, Lots 1, 2, 3, 4, 5.01, 5.02 and 5.03; Block 106, Lots 1.01, 2, 3.01, 3.02, 3.03 and 3.04; Block 210, Lots 3, 4, 6, 7, 8 and 9; Block 219, Lots 1, 2, 3 and 4; Block 220, Lots 1, 1.01, 3, 4 and 6; Block 521, Lots 7, 8, 9 and 10; Block 523, Lots 7, 8, 9, 10, 11 and 12; Block 527, Lots 2, 3, 4 and 5; Block 530, Lots 6 and 7; Block 531, Lots 1, 3 and 4; Block 601, Lots 4, 8, 9, 10, 11, 12, 13, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33; Block 602, Lots 1 and 2; Block 603, Lots 1, 2, 3, 4 and 5; Block 610, Lots 1, 2, 3, 3.01, 4 and 4.01; Block 615, Lots 1, 2, 3, 4, 5 and 6; Block 621, Lots 1, 2, 3, 4 and 5; Block 625, Lots 1, 5, 6, 7, 8.01 and 8.02; Block 702, Lots 14, 16.01, 16.02, 15, 17, 18, 19, 20 and 21; and Block 704, Lot 1. The following regulations shall apply to development within the Central Business District Zone. Within this zone, no lot or building shall be used and no building shall be erected or altered to be used in whole or in part unless it complies with the regulations set forth in this article.

§ 340-122 Permitted uses.

A. 
No residential use shall be permitted on the first floor of any building within this district.
B. 
Nonresidential uses permitted in this zone shall be permitted on all floors of any building within this zone.

§ 340-123 Permitted principal uses.

A. 
Retail.
B. 
Personal service (excluding tattoo, body piercing and massage parlors).
C. 
Professional and medical offices.
D. 
Residential, in accordance with § 340-122.
E. 
Bed-and-breakfast.
F. 
Public parks, public buildings, public utility installations and off-street parking (excluding storage yards).
G. 
Public and parochial schools.
H. 
Day-care centers private schools and related uses.
I. 
Churches, synagogues, parish houses, convents or related uses, provided adequate provisions are made for off-street parking.

§ 340-124 Permitted accessory uses.

A. 
Home occupation use or home office use which is incidental to a permitted use.

§ 340-125 Conditional uses.

A. 
Restaurant, subject to the following conditions:
(1) 
All waste and garbage is to be stored inside the main building or in a separately enclosed structure which will completely confine odors.
(2) 
No drive-in or drive-up service shall be permitted.
(3) 
The location must be on the ground floor of the building. Storage in a basement is acceptable.
(4) 
The exhaust system shall prevent odors and not affect or disturb nearby commercial and residential uses or intrude on any street, sidewalk or walkway. This shall include the requirement of filters or other technologically adequate means of eliminating oils, grease and odors from the exhaust. Such vents shall be interior and exit through the roof.
B. 
Auto repair business and auto service station, subject to the following conditions:
(1) 
The business is located only north of Franklin Avenue and South of Dill Avenue; and
(2) 
There shall be a minimum distance of 200 feet between such businesses in this zone.

§ 340-126 Prohibited uses.

Although it shall be understood that any use which is not specifically permitted as set forth in §§ 340-122 through 340-125 of this article is thereby prohibited, the following uses and activities are specifically prohibited:
A. 
Junkyards.
B. 
Adult bookstores.
C. 
Trucking terminals.
D. 
Storage and warehouse facilities.
E. 
Motor vehicle rentals, sales and storage.

§ 340-127 Signs.

Signs shall comply with the provisions of Article XIII of this chapter.

§ 340-128 Area and yard requirements.

A. 
Lot size.
(1) 
Minimum area in square feet: 10,000.
(2) 
Minimum width: 50 feet.
(3) 
Minimum depth: 150 feet.
B. 
Yard requirements for principal structures.
(1) 
Minimum front yard: 10 feet, of which five feet shall be dedicated for shade trees or other municipal streetscape or landscape purposes.
(2) 
Minimum side yard: five feet, however, if the adjoining property is in the R-2 Zoning District, then 10 feet.
(3) 
Minimum rear yard: 25 feet.
(4) 
Minimum building frontage: For properties with frontage on Haddon Avenue, at least 65% of a building's frontage must be built within five feet and 20 feet of the right-of-way.
C. 
Yard requirements for accessory structures.
(1) 
Minimum front yard: 30 feet.
(2) 
Minimum side yard: zero feet, however, if adjoining property is in the R-2 Zoning District, then five feet.
(3) 
Minimum rear yard: zero feet, however, if adjoining property is in the R-2 Zoning District, then five feet.
D. 
Yard requirements for accessory uses. The following shall not occur within 20 feet of the front yard line:
(1) 
Off-street parking, except for public off-street parking lots.
(2) 
Truck loading areas.
(3) 
Vehicle storage.
(4) 
Outdoor storage. (See § 340-16.)
(5) 
Waste management and recycling areas.
(6) 
Playground equipment of any type or nature.
(7) 
Business identification signage, except for one freestanding monument sign not to exceed: in total area, 12 square feet; in height, five feet; and in lettering height, six inches. Such signs shall be set back 10 feet from the right-of-way and side yard line.
E. 
Lot coverage.
(1) 
Maximum building coverage: 65%.
(2) 
Maximum impervious coverage: 80%.
F. 
Height requirements (principal structures).
(1) 
Maximum number of stories: three.
(2) 
Maximum height: 40 feet.
G. 
Height requirements (accessory structures).
(1) 
Maximum height: 18 feet.

§ 340-129 Off-street parking.

A. 
Parking areas must be within rear yards and provide interconnection with adjacent lots.
B. 
Access must be from Haddon Avenue. Corner lots shall have access from side streets, that is, streets other than Haddon Avenue.
C. 
Lots along the east side of Haddon Avenue may have access from First Avenue, if properly buffered.
D. 
Parking shall have a six-foot-minimum buffer adjacent residential properties and First Avenue. The buffer shall be visually screened with vinyl/opaque fence and shrubbery.
E. 
Loading areas shall be in accordance with § 340-94.

§ 340-130 Buffering.

A. 
Mixed uses and nonresidential uses with the side or rear of the lot located along the street, with the exception of Haddon Avenue, shall have a six-foot-wide buffer, consisting of vinyl/opaque fence and shrubbery.
B. 
All other requirements regarding buffer plantings, with the exception of the width of the buffer as noted in Subsection A, shall be as set forth in Article XV, § 340-92.

§ 340-131 Additional requirements.

A. 
The architectural design of adjacent buildings shall be considered to maintain consistency in the zone.
B. 
The principal entrance to the ground floor of any building shall be from the front of the building, facing Haddon Avenue.
C. 
Infill building height, width, scale and cornice articulation on Haddon Avenue and Bate Avenue shall be compatible with other buildings on those same streets. Business and directional signage should be predominantly pedestrian in scale and coordinated with the architecture of the buildings.
D. 
All air-conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing and satellite dishes and other telecommunications-receiving devices must be screened from view from the ground level of the public rights-of-way and adjacent properties by using walls, fencing, roof elements, parapet walls, architectural enclosures, penthouse-type screening devices or landscaping. All future utility lines should be placed underground or relocated to rear alleys.