Cinnaminson Township
City Zoning Code
City Zoning Code
§ 525-65
BD Business Development District use restrictions and regulations.
[Amended 6-14-1983 by Ord. No. 1983-16; 11-10-1986 by Ord. No. 1986-22; 8-9-1992 by Ord. No. 1992-14; 9-17-2003 by Ord. No. 2003-16; 5-17-2006 by Ord. No. 2006-15]
A.
Principal permitted uses:
(1)
In all BD Business Development Districts, except for those falling under the redevelopment provisions of Chapter 411 of this Code, the following uses (and no others) of lands and buildings are permitted:
[Amended 10-17-2007 by Ord. No. 2007-23; 12-2-2009 by Ord. No. 2009-15; 2-15-2010 by Ord. No. 2010-2]
(a)
General corporate, administrative and professional offices.
(b)
Banks and other financial institutions.
(c)
Assisted living, rest and convalescent homes, medical facilities, hospitals, physical rehabilitation facilities.
(d)
Restaurants and catering establishments where refreshments and meals may be obtained by the public for consumption on the premises within the building housing the restaurants and at tables provided for the public by the owners or management of the establishment.
(e)
Shopping centers and/or major retail establishments for the sale of goods and services of certain types and descriptions that are not prohibited and provided that:
[1]
The parcel of ground in question is under single ownership, has an area of not less than 15 acres, has a frontage of not less than 750 feet on a major street and contains an establishment or establishments having a gross floor area of not less than one 100,000 square feet.
[2]
The number; size and manner of the ingress and egress to and from said streets shall be subject to the approval of the reviewing board or agency.
(f)
Planned Business Development Parks consisting of one or more of the permitted uses in the BD District as permitted under § 525-65 and in accordance with the regulations for a Planned Business Development Park established by ordinance.
(g)
(Reserved)
(h)
Tailor shop, dressmaker, bakery or confectionery shop and retail within a shopping center.
(i)
Funeral homes.
(j)
Veterinarians.
(k)
Health club/fitness center, including karate or similar martial arts school or studio.
[Amended 6-1-2015 by Ord. No. 2015-4]
(l)
Drive-through restaurants.
(m)
Convenience stores with motor fuel dispensing, as hereafter defined and subject to the conditions of this subsection. A convenience store with motor fuel dispensing is a retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, sandwiches and other freshly prepared foods, such as salads, for off-site consumption and includes facilities for dispensing motor fuels. The standards and conditions set forth below shall apply:
[Added 11-15-2010 by Ord. No. 2010-13; amended 5-16-2016 by Ord. No. 2016-9]
[1]
Minimum lot size: 1.75 acres.
[2]
Maximum building size: 6,000 square feet.
[3]
Maximum number of fueling stations: eight dispensers with two nozzles/hoses each.
[4]
Maximum number of stories: one, exclusive of towers, cupolas or other architectural elements.
[5]
Maximum height for principal building: 35 feet, exclusive of towers, cupolas or other architectural features.
[6]
Maximum height of towers, cupolas or other architectural features: 45 feet.
[7]
Maximum height for fuel canopy: 25 feet.
[8]
Parking: One space per employee on the most heavily staffed shift plus a minimum of one space for each 300 square feet of footprint of the principal building. Additional parking may be provided to enhance internal circulation or where otherwise indicated by sound planning principals.
[9]
Traffic study: A traffic impact study prepared by a licensed professional traffic engineer shall be submitted by the applicant. The study shall include but not be limited to estimates of the number of vehicles utilizing the fuel dispensers and store facility, on-site circulation, maximum size of trucks that can safely maneuver on site, ingress, egress and the impact of the traffic on the traffic patterns of adjacent roads.
[10]
Landscaping and buffering. Notwithstanding the inclusion of the following standards in this chapter, same shall be treated as design standards, and not zoning regulations, and therefore deviations from same shall be considered as design waivers and not variances.
[a]
Minimum front and side yard buffer between driveways and streets not adjacent to any residential zone: seven feet, as measured from the property line.
[b]
Minimum landscaping strip and separation between driveways and streets not adjacent to any residential zone: seven feet.
[c]
Minimum separation of driveways and parking areas from any other side yard: seven feet, to include appropriate buffering as the Board may require.
[11]
Signs.
[a]
One freestanding sign is permitted for each nonresidential street frontage with fuel pricing. Maximum height for a pylon sign is 20 feet, and the minimum setback shall be five feet from the right-of-way of any street. There shall be a required minimum distance of 10 feet, measured from the ground up to the bottom of a pylon sign. The surface area of the sign shall be a maximum of 50 square feet for each side of a double-faced sign. A "monument" sign shall conform to the requirements of § 411-12, and have minimum setbacks from the property line or right-of-way of 15 feet.
[b]
One facade sign is permitted on the principal building façade. The sign shall be limited in size to two square feet in size for each one foot of principal façade width. Façade signs shall have a maximum vertical height of five feet, be at least 10 feet off of the ground, project no more than 12 inches from the vertical wall and be no larger than 200 square feet in total size.
[c]
Window signs shall be limited to 10% of the window area on the principal building facade.
[d]
Canopy signs. A maximum of two canopy spanner signs shall be permitted under the canopy with a maximum height of two feet and a maximum area of 40 square feet each.
[12]
Development adjacent to residential zones. Where the proposed development is adjacent to a residential zone, the provisions of § 525-67 of this Code shall apply.
[13]
Architectural standards: In order to maintain consistency with the architectural features in the redevelopment areas of the Township, the architectural standards of § 525-66.1, which incorporate the standards § 411-12, are incorporated herein by reference, but shall be treated as design standards, and not zoning regulations, and therefore shall considered as design waivers and not variances.
B.
Permitted accessory uses:
(1)
Restaurant or cafeteria primarily for supplying meals only to employees and guests of the principal use; and newsstand, post office, automated banking facility and similar conveniences serving primarily employees and guests of the principal use, provided that there shall be no external evidence of such use.
(2)
Assembly halls for meetings incidental to the business of the principal use.
(3)
Maintenance, utility and storage facilities incidental to the principal use, not to exceed 30% of the gross floor area of the individual use.
(4)
Sales of products incidental or accessory to the principal use.
C.
Prohibited uses:
(1)
In the BD Business Development District, the following uses of lands and buildings are prohibited:
[Amended 3-21-2007 by Ord. No. 2007-9]
(a) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE[1] [2] ADULT THEATER
Adult entertainment (bookstores, video stores, adult novelty stores, theaters, exotic dancing). Within this subsection, the following terms shall have the following meanings:
[Amended 8-15-2007 by Ord. No. 2007-20]
A commercial establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, slides, DVDs or other visual representations which are characterized by their emphasis on the exhibition or display of “specified sexual activities” or “specified anatomical areas,” as those terms are defined at N.J.S.A. 2C:34-6.
Instruments, devices or paraphernalia which is designed for use or marketed primarily for stimulation of human genital organs or for pseudo masochistic use or abuse of the user or others.
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear nude or semi-nude, or live performances which are characterized by the exposure of “specified anatomical areas” or “specified sexual activities” as said terms are defined in N.J.S.A. 2C:34-6.
(b)
Amusement centers. An "amusement center" is defined as the operation of a business wherein the proprietor, owner or tenant provides three or more game or amusement machines for play by the public, whether or not said machines are coin-operated;
(c)
Bars (excluding those associated with restaurants);
(d)
Bowling alleys;
(e)
Churches, places of religious worship and the like;
(f)
Cocktail lounge;
(g)
Collection agencies;
(h)
Correctional/detention facilities;
(i)
Dance clubs;
(j)
Workers compensation offices;
(k)
Employment offices;
(l)
Janitorial supplies/services;
(m)
Kennels;
(n)
Laundromats;
(o)
Laundry/dry cleaners (with plants on premises);
(p)
Low-scale beauty supply stores;
(q)
Mental health facilities;
(r)
Music-only venues;
(s)
Pawnshop;
(t)
Pet stores;
(u)
Plant nursery (except florists);
(v)
Rehabilitation facilities (mental heath, drug, alcohol);
(w)
Rental offices (car, furniture, etc.);
(x)
Strip clubs;
(y)
Tattoo parlors;
(z)
Theaters;
(aa)
Tobacco shop;
(bb)
Tools and heavy equipment sales;
(cc)
Wholesale products;
(dd)
Discount stores that primarily sell off-price, surplus, discontinued and odd-lot retail merchandise, such as dollar stores and Big Lots; and
(ff)
All other uses currently not permitted in the zone; and nothing contained shall be construed to now permit uses not expressly provided herein. Instead, all uses previously prohibited in that they were not specifically permitted shall continue to be prohibited, notwithstanding their omission from this list.
[Amended 12-2-2009 by Ord. No. 2009-15]