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Chatham City Zoning Code

ARTICLE V

Business District Regulations

§ 165-16 B-1 Business Service District.

A. 
Purpose. The B-1 Business Service District provides for small scale business and professional office uses which are compatible with residential uses.
B. 
Permitted uses.
(1) 
Home professional offices.
(2) 
Professional offices.
(3) 
Apartments above the first floor.
[Added 9-10-2012 by Ord. No. 12-13[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection B(3), Business services.
(4) 
Retail service.
(5) 
Child-care centers as provided for in N.J.S.A. 30:5B-1 et seq. and N.J.S.A. 40:55D-66.6.
[Added 2-8-1993 by Ord. No. 3-93]
C. 
Conditional uses permitted.
[Amended 2-8-1993 by Ord. No. 3-93; 9-10-2012 by Ord. No. 12-13]
(1) 
Educational and recreational instruction, in accordance with conditions in Article XVII.
(2) 
Public utilities, in accordance with N.J.S.A. 40:55D-67 and § 165-143.
(3) 
Medical/dental office, in accordance with conditions in Article XVII.
D. 
Accessory uses permitted.
(1) 
Private parking.
(2) 
Private customer or employee parking.
(3) 
Business signs. (See Article XIII.)
(4) 
Fences. (See § 165-77.)
(5) 
Awnings, but they shall not be subject to front yard setbacks, and attached canopies.
[Added 5-23-2005 by Ord. No. 05-18]

§ 165-17 B-2 Regional Business District.

A. 
Purpose. The B-2 Regional Business District provides for general business and office uses which provide limited goods and services to customers on a more regional scale, as well as local goods and services for local residents.
[Amended 9-10-2012 by Ord. No. 12-13]
B. 
Permitted uses.
[Amended 2-8-1993 by Ord. No. 3-93; 2-12-2001 by Ord. No. 01-01; 3-26-2007 by Ord. No. 07-17; 9-10-2012 by Ord. No. 12-13
(1) 
Professional offices.
(2) 
Offices.
(3) 
Personal services.
(4) 
Retail trade, only on premises known and described as Block 29, Lot 9, and Block 84, Lot 7, on the Tax Maps of the Borough of Chatham. The two lots described above are commonly known as the CVS Mall and Kings Supermarket, which have contained retail trade uses for many years. Retail trade is otherwise prohibited in the B-2 Regional Business District.
(5) 
Retail services.
(6) 
Restaurants.
(7) 
Child-care centers as provided in N.J.S.A. 30:5B-1 et seq. and N.J.S.A. 40:55D-66.6.
(8) 
Apartments above the first floor.
(9) 
Educational and recreational instruction.
(10) 
Nursing homes and adult day-care centers.
C. 
Conditional uses permitted.
[Amended 3-26-2007 by Ord. No. 07-17; 9-10-2012 by Ord. No. 12-13]
(1) 
Medical/dental office, in accordance with conditions in Article XVII.
(2) 
Public utility, in accordance with N.J.S.A. 40:55D-67 and § 165-143.
(3) 
Banks, in accordance with § 165-144.
(4) 
Commercial recreation, entertainment, and amusement uses, in accordance with N.J.S.A. 40:55D-67 and § 165-147.
(5) 
Institutional uses, in accordance with the conditions in Article XVII.
D. 
Accessory uses permitted.
(1) 
Private parking.
(2) 
Private customer or employee parking.
(3) 
Public parking.
(4) 
Business signs. (See Article XIII.)
(5) 
Fences. (See § 165-77.)
(6) 
Awnings, but they shall not be subject to front yard setbacks, and attached canopies.
[Amended 2-8-1993 by Ord. No. 3-93; 5-23-2005 by Ord. No. 05-18]
E. 
Any residential development shall comply with the affordable housing set-aside requirement set forth at § 69-4 of this Code.
[Added 10-24-2016 by Ord. No. 16-11]

§ 165-18 B-3 General Business District.

A. 
Purpose. The B-3 General Business District provides for general business, office, and retail uses to serve the local community market, in keeping with the existing smaller scale of the historic buildings in the district. This district is similar to the B-4 Community Business District, but is meant to encourage the establishment of more vehicular-oriented and less intensive uses than the B-4 District.
[Amended 4-25-2011 by Ord. No. 11-07]
B. 
Permitted uses.
[Amended 2-8-1993 by Ord. No. 3-93; 3-26-2007 by Ord. No. 07-17; 4-25-2011 by Ord. No. 11-07; 9-10-2012 by Ord. No. 12-13]
(1) 
Professional offices.
(2) 
Offices.
(3) 
Restaurants.
(4) 
Retail trade and/or retail services, provided that the aggregate total of such uses shall not exceed 2,500 square feet on a tax lot of less than 1.5 acres.
(5) 
Child-care centers, as provided in N.J.S.A. 30:5B-1 et seq. and N.J.S.A. 40:55D-66.6.
(6) 
Museums.
(7) 
Art galleries.
(8) 
Apartments above the first floor.
(9) 
Medical/dental offices.
(10) 
Educational instruction.
C. 
Conditional uses.
[Amended 3-26-2007 by Ord. No. 07-17; 9-10-2012 by Ord. No. 12-13]
(1) 
Public utility, in accordance with N.J.S.A. 40:55D-67 and § 165-143.
(2) 
Banks, in accordance with § 165-144.
(3) 
Service stations, in accordance with § 165-146.
D. 
Accessory uses permitted.
(1) 
Private parking.
(2) 
Private customer and employee parking.
(3) 
Business signs. (See Article XIII.)
(4) 
Fences. (See § 165-77.)
(5) 
Awnings, but they shall not be subject to front yard setbacks, and attached canopies, but they shall not encroach on any yard setbacks. Detached canopies are permitted in connection with service stations as provided for in § 165-146.
[Amended 2-8-1993 by Ord. No. 3-93; 5-23-2005 by Ord. No. 05-18]

§ 165-19 B-4 Community Business District.

A. 
Purpose. The B-4 Community Business District is intended to provide for retail trade and personal services on the ground level which provides customers from the local community with goods and services for their own personal and household use. These uses are meant to serve pedestrian-oriented shopping in a downtown environment. Related professional offices and business services are secondary uses which may be provided above the ground level.
B. 
Permitted uses.
[Amended 2-8-1993 by Ord. No. 3-93; 9-10-2012 by Ord. No. 12-13]
(1) 
Retail trade.
(2) 
Personal service.
(3) 
Retail service, except for finance, insurance, and real estate offices, which shall only be permitted on upper floors.
(4) 
Restaurants.
(5) 
Eating and drinking establishments.
(6) 
Child-care centers, as provided for in N.J.S.A. 30:5B-1 et seq. and N.J.S.A. 40:55D-66.6.
(7) 
Educational instruction on upper floors.
(8) 
Apartments above the first floor.
(9) 
Museums.
(10) 
Art galleries.
C. 
Conditional uses.
[Amended 2-8-1993 by Ord. No. 3-93; 9-10-2012 by Ord. No. 12-13]
(1) 
Professional offices or office uses, provided that they are located above the first floor.
(2) 
Outdoor eating and drinking establishments, in accordance with § 165-145.
(3) 
Recreational instruction, in accordance with standards in Article XVII.
(4) 
Institutional uses, in accordance with standards in Article XVII.
D. 
Accessory uses.
(1) 
Private parking.
(2) 
Private customer and employee parking.
(3) 
Business signs. (See Article XIII.)
(4) 
Awnings, but they shall not be subject to front yard setbacks, and attached canopies.
[Amended 2-8-1993 by Ord. No. 3-93; 5-23-2005 by Ord. No. 05-18]
(5) 
Public parking area.
(6) 
Child-care centers as provided for in N.J.S.A. 30:5B-1 et seq. and N.J.S.A. 40:55D-66.6.
[Added 2-8-1993 by Ord. No. 3-93]
(7) 
Charitable clothing bins.
[Added 8-9-2010 by Ord. No. 10-20]
E. 
Any residential development shall comply with the affordable housing set-aside requirement set forth at § 69-4 of this Code.
[Added 10-24-2016 by Ord. No. 16-11]

§ 165-20 B-5 Office District.

A. 
Purpose. The B-5 Business Office District provides for large-scale office, medical services and professional office uses as well as research laboratories.
[Amended 11-9-2020 by Ord. No. 20-14]
B. 
Permitted uses.
(1) 
Professional office.
(2) 
Office.
(3) 
Research laboratories.
(4) 
Child-care centers as provided for in N.J.S.A. 30:5B-1 et seq. and N.J.S.A. 40:55D-66.6.
[Added 2-8-1993 by Ord. No. 3-93]
(5) 
Medical services.
[Added 11-9-2020 by Ord. No. 20-14]
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, Conditional uses, was repealed 9-10-2012 by Ord. No. 12-13.
D. 
Accessory uses.
(1) 
Private employee parking.
(2) 
Business signs. (See Article XIII.)
(3) 
Fences. (See § 165-77.)
(4) 
Awnings, but they shall not be subject to front yard setbacks, and attached canopies.
[Added 5-23-2005 by Ord. No. 05-18]
(5) 
A dining area, fitness facility, or cafeteria, provided that such uses collectively occupy no more than 20% of the floor area of the principal permitted use and exclusively serve the employees occupying the principal use.
[Added 9-10-2012 by Ord. No. 12-13]

§ 165-21 B-6 Business Office District.

A. 
Purpose. The B-6 Business Office District is intended to provide for small scale business and office uses.
B. 
Permitted uses.
(1) 
Retail trade.
(2) 
Personal service.
(3) 
Retail service.
(4) 
Business service.
(5) 
Child-care centers as provided for in N.J.S.A. 30:5B-1 et seq. and N.J.S.A. 40:55D-66.6.
[Added 2-8-1993 by Ord. No. 3-93]
C. 
Conditional uses.
(1) 
Professional office or office uses, provided that any single office use occupies no more than 1,000 square feet of floor area.
(2) 
Apartment units in accordance with § 165-148.
D. 
Accessory uses.
(1) 
Private parking.
(2) 
Private customer or employee parking.
(3) 
Business signs. (See Article XIII.)
(4) 
Fences. (See § 165-77.)
(5) 
Awnings, but they shall not be subject to front yard setbacks, and attached canopies.
[Added 5-23-2005 by Ord. No. 05-18]

§ 165-22 Area, yard and building requirements for business districts.

[Amended 11-12-1984 by Ord. No. 12-1984; 9-24-2007 by Ord. No. 07-28; 4-26-2010 by Ord. No. 10-09; 9-10-2012 by Ord. No. 12-13; 5-13-2024 by Ord. No. 24-03]
B-1
District
B-2
District
B-3
District
B-4
District
B-5
District
B-6
District
Principal Buildings
Minimum
Lot area
None
None
None
None
None
None
Side yard (one)
10 ft.
10 ft.
10 ft.
None
10 ft.
10 ft.
Aggregate (both)
20 ft.
20 ft.
24 ft.
None
20 ft.
20 ft.
Front yards
25 ft.
35 ft.
35 ft.
None
50 ft.
10 ft.
Yard buffer1
15 ft.
15 ft.
15 ft.
15 ft.
25 ft.
25 ft.
Maximum height
35 ft.
35 ft.
35 ft.
40 ft.
40 ft.
35 ft.
Maximum stories
2
2.5
2.5
3
3
2
B-1
District
B-2
District
B-3
District
B-4
District
B-5
District
B-6
District
Total Development
Maximum
Lot coverage
65%
75%
75%
90%
65%
50%
Floor area ratio
22.4%
None
None
None
30%
35%
Building coverage
25%
20%
15%
None
20%
None
Maximum square footage of individual (new) buildings
2,500 sf
4,500 sf
2,500 sf
None
None
None
1
See § 165-163D(3) of this chapter.

§ 165-23 General requirements.

A. 
Any principal building in the B-4 District may contain more than one activity, provided that the total impervious surface coverage does not exceed the maximum specified for the district and, further, that each activity occupies a minimum gross floor area of 750 square feet.
[Amended 2-8-1993 by Ord. No. 3-93]
B. 
Any lot in the B-1, B-2 and B-3 Districts may contain more than one principal building, provided that all land coverage requirements of this chapter are met. Buildings shall be no closer than 15 feet to one another and shall not be connected except by single level, uncovered or covered, but not enclosed walkways. Atriums as enclosed structures shall not be permitted as such interconnections.
[Amended 2-8-1993 by Ord. No. 3-93]
C. 
No merchandise, products, equipment or similar material or objects shall be displayed or stored outside.
D. 
All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. Where practical and appropriate every primary structure should appear to have one of its main entrances on the facade of the building facing the principal street on which it is located.
E. 
All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.
F. 
No business use shall be permitted or activity conducted for profit which of its nature or for any reason bars admission to all or any part of the public portion of any premises to particular members of the public, by reason of age or otherwise, or except upon payment of an admission, membership, cover, entertainment or similar charge. In appropriate cases the Board, however, may waive or vary the application of this provision to a commercial recreational, entertainment or amusement use granted under § 165-147.
[Amended 4-25-2005 by Ord. No. 05-09]
G. 
Commercial recreational, entertainment, and amusement uses are permitted as conditional uses in the B-2 District. Such uses, including electronic games, pinball machines, and similar devices shall not be deemed permitted in any other district nor as an accessory, incidental or additional use to or with another principal use in any district.
[Added 9-10-2012 by Ord. No. 12-13]
H. 
Any structure on a roof must be screened from view in a manner consistent with the building’s architecture.
[Added 4-26-2010 by Ord. No. 10-09]

§ 165-24 Minimum off-street loading.

A. 
Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets. Each shall be at least 15 feet by 40 feet.
B. 
This requirement will not apply in the B-4 District where a permitted use or a permitted conditional use is proposed, unless a new building is constructed or there are alterations or additions to an existing building which will result in an increase in gross floor area or the loss of existing off-street loading spaces.
[Amended 11-11-1996 by Ord. No. 16-96]

§ 165-25 Minimum off-street parking.

A. 
Except for permitted uses on first floors of existing structures in the B-4 District and except as provided in the immediately succeeding subsections, off-street parking standards, based on gross floor area (GFA) where floor area is indicated as the unit of measurement, are as follows:
[Amended 9-10-2012 by Ord. No. 12-13]
Use
Minimum Number of Parking Spaces
Adult day care
3 for every 1,000 square feet of GFA
Apartments
As required per RSIS
Art gallery
3 for every 1,000 square feet of GFA
Banks
4.75 for every 1,000 square feet of GFA with a maximum standard of 6 for every 1,000 square feet of GFA
Child-care center
1 for every staff member plus 1 for every 10 students at peak capacity
Educational instruction
4 for every 1,000 square feet of GFA
Elementary/middle school
1 for every employee plus 1 for every classroom
Funeral home
1 for every 3 permanent seats plus 1 space for every 150 square feet of lounge/parlor area
Institutional use (unless otherwise specified)
1 for every 250 square feet of program space or 1 for every 3 seats, whichever is greater
Medical/dental office
4.5 for every 1,000 square feet of GFA
Museum
4 for every 1,000 square feet of program space
Nursing home
1 for every 3 beds
Office/professional office (non-medical/dental)
3 for every 1,000 square feet of GFA
Personal services/business services
4.5 for every 1,000 square feet of GFA
Recreational instruction
4 for every 1,000 square feet of GFA
Research laboratory/testing
1 for every 700 square feet of GFA
Retail trade and service
4 for every 1,000 square feet of GFA
Secondary (high) school
1 for every employee plus 4 for every classroom
Theater
1 for every 3 seats
B. 
In addition, one space for every vehicle owned and/or operated by the use operating from that site shall be provided.
C. 
Restaurants, except in the B-4 District, will provide a minimum of one parking space for each three seats in the dining area(s) plus one parking space for every two seats in the lounge or bar area(s).
D. 
Restaurants in the B-4 District and eating establishments having more than 200 square feet devoted to customer service and dining area or more than six seats will provide one parking space per 50 square feet of customer service and dining area.
E. 
The requirements contained in Subsections A through D herein will not apply in the B-4 District where a permitted nonresidential use or a permitted conditional use is proposed, unless a new building is constructed or there are alterations or additions to an existing building which will result in an increase in gross floor area or the loss of existing off-street parking spaces.
[Added 11-11-1996 by Ord. No. 16-96; amended 2-26-2007 by Ord. No. 07-13; 9-10-2012 by Ord. No. 12-13]
F. 
Child-care centers shall provide a minimum of one parking space for each staff member and one parking space for every 10 students.
[Added 9-26-2011 by Ord. No. 11-16[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection F as Subsection G.
G. 
See § 165-82 for additional standards.
[Amended 11-11-1996 by Ord. No. 16-96]
H. 
Reductions in required off-street parking due to proximity to public shoppers' parking lots or striped on-street parking. The reviewing Board may grant a reduction of 25% of the required nonresidential off-street parking for any property within 800 feet of public shoppers' parking lots or striped on-street parking.
[Added 9-10-2012 by Ord. No. 12-13]
I. 
Option to request land-banking of off-street parking. In cases where proposed off-street parking exceeds 120% of the minimum required off-street parking (before taking any reductions under Subsection H above) on any nonresidential property in the B-2, B-3 and B-5 Districts, the reviewing Board may request land-banking of some of the proposed off-street parking.
[Added 9-10-2012 by Ord. No. 12-13]
J. 
Minimum required bicycle parking. One bicycle parking space shall be provided for every 10 required off-street parking spaces. Such bicycle parking shall be located and clearly designated in a safe and convenient location, shall be designed to accommodate U-shaped locking devices, and shall support bicycles in a stable position without damage to wheels, frame, or other components, and shall be securely anchored.
[Added 9-10-2012 by Ord. No. 12-13]

§ 165-26 Additional standards for site review in business districts.

All commercial uses in the business districts shall be subject to the following additional design review standards:
A. 
Consistency with the purposes of the business district in which the use is located.
B. 
Conceptual compatibility of design with the immediate environment of the site.
C. 
Appropriateness of the design to the site and function of the project.
D. 
In areas considered by the Board as having unified character or historical character, to determine if the scale and design are compatible.
[Amended 2-8-1993 by Ord. No. 3-93]
E. 
Whether the design promotes harmonious transitions in scale and character in areas between different designated land uses.
[Amended 2-8-1993 by Ord. No. 3-93]
F. 
Whether access to the property and circulation thereon are safe and convenient for pedestrians and vehicles.
G. 
Whether the arrangement of open space and landscaping are appropriate to the design and function of the structures.
H. 
Whether the materials, textures, colors and details of construction are compatible with the adjacent and neighboring structures and functions.

§ 165-27 Properties within Historic District.

[Added 9-11-2000 by Ord. No. 14-2000]
To the extent that any property is also within the Main Street Historic District or any other historic district or historic site designated in this chapter, the owners must comply with the provisions of Article X (§ 165-56 et seq.) of this chapter.