East Brunswick City Zoning Code
ARTICLE XIX
A2 Regulations for the HC-2 General Highway Commercial District
§ 228-176 Permitted uses.
[Amended 7-10-95 by Ord. No. 95-23; 10-27-97 by Ord. No. 97-22; 5-8-17 by Ord. No. 17-22]
A.
Department stores and all uses normally associated with department stores, including the sale and installation of auto accessories in the main building or in a separate building, but nothing herein contained is intended to permit the sale of gasoline, lubrication of motor vehicles or the performance of any other auto repairs, painting or body work.
B.
Retail stores and sales.
C.
Services and service agencies, including hotels, motels, small animal hospitals, garages and minor automobile repair shops with incidental storage yard for vehicles awaiting repair, radio, television and electrical repair shops, restaurants.
[Amended 7-10-95 by Ord. No. 95-23; 10-27-97 by Ord. No. 97-22]
D.
Public and parochial schools and colleges and private schools and colleges for academic instruction.
E.
Public recreational and community center buildings and grounds.
F.
Public libraries and museums.
G.
Buildings used exclusively by the federal, state, county or local municipal government for public purposes, but not including workshops, warehouses or storage yards.
H.
Private, non profit recreational and community buildings, clubs, swimming pools and activities of a quasi public, social, fraternal or recreational character, such as golf and tennis clubs, camps, veteran or fraternal organizations which are not of a commercial
I.
Professional occupations and general offices.
J.
The studio of a teacher of music, dancing or art.
K.
The studio of a photographer.
L.
Undertaking establishment.
M.
Clubs, lodges and association buildings, meeting rooms and halls.
N.
Public automobile parking areas.
O.
Public utility structures and facilities other than those of an industrial character, such as repair and maintenance shops, storage facilities, freight stations and freight yards.
P.
Fast food restaurants where the exclusive means of entry to the premises is through an interior mall, corridor or passageway shared as the common access to premises in the shopping center occupied by other tenants.
Q.
Three or fewer mechanical or electrical amusement devices.
R.
Residential dwellings. Where a single family dwelling existing on a lot as of January 1, 1988, the residential use may be thereafter continued and the structure may be thereafter enlarged or expanded as long as the proposed alteration conforms to the minimum requirements for height, area, yard and off street parking as they existed prior to January 1, 1988. If the proposed alteration does not conform to the prior bulk regulations, an application for a bulk variance shall be made to the Zoning Board of Adjustment.
S.
Banks and Financial Institutions.
[Added 5-8-17 by Ord. No. 17-22]
T.
Health Clubs.
[Added 5-8-17 by Ord. No. 17-22]
§ 228-176.1 Conditional uses.
[Amended 7-9-90 by Ord. No. 90-21A; 4-14-93 by Ord. No. 93-12; 5-10-93 by Ord. No. 93-19; 7-10-95 by Ord. No. 95-23; 8-11-03 by Ord. No. 03-25; 7-26-04 by Ord. No. 04-08; 5-8-17 by Ord. No. 17-22]
A.
Gas stations, on the basis of the following standards
[Amended 8-11-03 by Ord. No. 03-25]:
(1)
Where a gas station abuts a residence or residential zone, an all season landscape buffer of twenty-five feet in width shall be established at a minimum of six (6) feet in height. In addition, a six (6) foot solid masonry wall shall be installed on the gas station side of the buffer. The Board may adjust the location of the buffer and wall.
[Amended 8-11-03 by Ord. No. 03-25]
(2)
[Deleted 8-11-03 by Ord No. 03-25]
(3)
[Deleted 8-11-03 by Ord No. 03-25]
(4)
The use of the premises for body work, painting, storage of wrecked or junked motor vehicles, major motor vehicle repairs, parking of motor vehicles or the sale or rental of any new or used motor vehicles, trucks, motorcycles or trailers is hereby specifically prohibited.
[Amended 8-11-03 by Ord. No. 03-25]
(5)
Gasoline pumps shall be setback a minimum of twenty (20') feet from the front property line.
(6)
Canopies over gasoline pumps shall be setback from the front property line a minimum of 10 feet.
[Added 8-11-03 by Ord. No. 03-25]
(7)
Lights underneath the canopy shall be completely recessed.
[Added 8-11-03 by Ord. No. 03-25]
(8)
For areas designated by the Township Council by adopted Resolution as "areas in need of redevelopment", gas stations shall neither be a permitted nor a conditionally permitted use.
[Added 5-8-17 by Ord. No. 17-22]
B.
Gas stations minimarts; on the basis of the following standards
[Added 8-11-03 by Ord. No. 03-25 and 7-26-04 by Ord. No. 04-08]:
(1)
Parking shall be provided for the retail use at 1 space per 200 square feet of retail space; pump locations are not counted as parking spaces.
(2)
The site shall be designed to minimize the potential for turning movement conflicts and to facilitate safe and efficient on-site circulation. Parking and pump cueing spaces shall be provided and located in such a manner as to facilitate safe and convenient vehicle and pedestrian access to all uses on the site. The curb to curb distance between pump islands shall be thirty (30) feet.
(3)
All buildings shall have the same architectural features and design on all sides of the buildings.
(4)
On-site video games shall not be installed or operated on the premises.
(5)
ATM's shall be located within the retail building.
(6)
One loading space is required for the minimart.
(7)
No outside display or storage of merchandise other than automobile maintenance supplies.
(8)
Fuel delivery shall not block access to customer parking spaces.
(9)
For areas designated by the Township Council by adopted Resolution as "areas in need of redevelopment", gas stations with minimarts or convenience stores shall neither be a permitted nor a conditionally permitted use.
[Added 5-8-17 by Ord. No. 17-22]
C.
Attached and freestanding fast-food restaurants based upon the following standards:
[Added 4-14-93 by Ord. No. 93-12; amended 7-26-04 by Ord. No. 04-08]
(1)
Minimum lot size shall be 40,000 square feet.
(2)
Building coverage shall be no greater than 10% of the lot area for freestanding restaurants.
(3)
Parking shall be provided at a rate of 1 space for every two seats plus 10 additional spaces for employees.
(4)
Indoor seating for patrons shall be provided. Indoor public seating areas shall be a minimum of one-third of the building area.
(5)
No other tenants shall be permitted in the freestanding building.
(6)
The side and rear yards shall be screened with a solid masonry wall or board-on-board fence at the Board's discretion, a minimum of six (6) feet in height.
(7)
All season planted buffer strips ten feet in width shall be provided along the side and rear property lines. Where the property abuts a residence or residential zone these buffers shall be increased to twenty-five (25) feet in width. In areas with existing space constraints, the board may reduce the width of the buffer if additional plantings, berms, plants of greater height or other mitigating factors are required instead.
(8)
The applicant shall submit traffic and circulation studies to establish the nature and extent of the anticipated customer volume and that such volume can be accommodated at the location without substantial adverse impact.
D.
Recreational and amusement facilities operated for profit, including bowling alleys, skating rinks and indoor theaters, mechanical or electrical amusement devices or mechanical or electrical facilities as described in Chapter 135 of the Code of the Township of East Brunswick, where there are four or more such mechanical or electrical devices, subject to the following standards:
[Amended 7-10-95 by Ord. No. 95-23 amended 7-26-04 by Ord. No. 04-08]
1.
No such place of amusement, recreation or assembly shall be located within five hundred (500) feet of a residence or a residential zone, regardless of whether or not such zone is actually developed for residences, which distance shall be measured along a straight line from the nearest boundary line of the lot on which the proposed use is to be located and the nearest point of the residence or residential zone.
2.
No such place of amusement, recreation or assembly shall be permitted as an accessory use to a permitted use unless the Planning Board shall first have issued a conditional use permit as required by this Chapter.
E.
Drive-thru facilities at attached and freestanding fast-food restaurants subject to the following standards:
[Added 4-14-93 by Ord. No. 93-12; amended 5-10-93 by Ord. No. 93-19; 7-26-04 by Ord. No. 04-08]
1.
A separate delineated drive-thru lane shall be provided.
2.
Queue storage that minimizes interference with pedestrian and vehicular movements.
3.
The proposed drive-thru facility shall be implemented without posing a safety hazard to pedestrian and vehicular traffic.
4.
Reserve parking spaces shall be provided between the drive-thru area and the facilities exit. Such parking spaces are intended for use by any drive-thru vehicles awaiting delivery of a delayed order.
5.
Drive-thru facilities shall operate only when the dining room is open to the public.
6.
The drive-thru facility shall be designed for and utilized by motorized vehicles only.
7.
A bail-out lane shall be provided so that cars in queue can leave the queue safely.
8.
A canopy or cover shall be provided over the window.
9.
No loudspeaker shall be permitted at properties that abut a residential zone or residential property line.
10.
Drive-thru windows proposed to be located within 150 feet of a residential building shall be closed at 11:00 p.m., subject to the following:
[Amended 5-10-93 by Ord. No. 93-19]
(a)
After the fast food restaurant is open and the drive-thru window is in full operation, the applicant may seek modification of site plan approval by returning to the Board which granted site plan approval. Such modification may include a later closing time of the drive-thru window(s). The applicant for such modification shall conduct noise meter tests between 10:00 p.m. and 11:00 p.m. for seven (7) consecutive nights and shall submit the test results to the appropriate board. The board shall conduct a public hearing and will determine whether the noise meter results comply with Township noise standards and whether such later closing time of the drive-thru window(s) is consistent with the health, safety and welfare of the adjacent residents.
F.
Taverns and nightclubs, subject to the following:
[Added 7-10-95 by Ord. No. 95-23; amended 7-26-04 by Ord. No. 04-08]
1.
No tavern or nightclub shall be located within five hundred (500) feet of a residence or a residential zone, regardless of whether or not such zone is actually developed for residences, which distance shall be measured along a straight line from the nearest boundary line on the lot on which the proposed use is to be located and the nearest point of the residence or residential zone.
2.
A fifty (50) foot wide landscape buffer shall be required where such tavern or nightclub use or residential zone. The width of the landscape buffer shall be measured at right angles from the abutting property line. The landscape buffer shall be planted and maintained with a dense screen of trees, shrubs and evergreens of such a type and nature as to provide a solid "all season" screen. Trees and evergreens shall be at least six (6) feet in height upon planting.
3.
The occupancy load of the structure shall be calculated by the applicant/developer in accordance with BOCA National Building Code requirements and shall be identified on the floor plan(s) submitted to the Planning Board as part of the application process.
4.
Notwithstanding anything contained in § 228-15.1 of this Chapter to the contrary, required on-site parking spaces shall be calculated on the basis of one space for every four occupants as calculated in accordance with § 228-176.1E3 above, plus ten percent (10%) of the required spaces.
5.
No wall-mounted lights shall be permitted on the exterior structure of such tavern or nightclub.
6.
The height of any structure shall not exceed thirty-five (35) feet.
7.
A noise impact study shall be submitted by the applicant/developer to the Planning Board as part of the application process assuring compliance with Chapter 147 of the Code of the Township of East Brunswick, known as the "Noise Control Ordinance".
8.
No such tavern or nightclub shall be permitted as an accessory use to a permitted use unless the Planning Board shall first have issued a conditional use permit as required by this Chapter.
§ 228-177 Permitted accessory uses.
[Amended 10-27-97 by Ord. No. 97-22; 1-5-98 by Ord. No. 97-35]
Accessory uses and buildings permitted shall be:
A.
Outside storage uses normally associated with the above businesses, provided that these areas are fenced and screened from adjacent businesses and residences by a dense evergreen hedge, masonry wall or a suitable tight woven fence, not less than six (6) feet in height.
B.
Garages to house commercial vehicles normally associated with the type of businesses listed above shall be regulated as follows:
(1)
Any new structure which provides garage space shall have the garage attached as a part of the main building, not to exceed space for six (6) automobiles or three automobiles and three commercial vehicles.
(2)
Any existing structure may provide garage space in an accessory building within the required rear yard space, not to exceed six (6) automobiles or three automobiles and three commercial vehicles.
C.
Storage yard for vehicles with a registered gross vehicle weight of 10,000 pounds or less and damaged or disabled vehicles associated with a wrecker operation as an accessory use to an automobile service station or minor automobile repair shops.
[Added 10-27-97 by Ord. No. 97-22; amended 1-5-98 by Ord. No. 97-35]
§ 228-178 Prohibited uses.
[Amended 8-28-89 by Ord. No. 89-51; 7-10-95 by Ord. No. 95-23; 10-27-97 by Ord. No. 97-22; 5-8-17 by Ord. No. 17-22; 6-23-2025 by Ord. No. 25-24; 8-11-2025 by Ord. No. 25-28]
Prohibited uses and buildings shall include:
A.
Trailers intended or used for dwelling space, offices, storage or any other residential, commercial or industrial purpose, except that nothing herein contained is intended to prohibit the use of trailers for transportation or as construction offices or for the storage of materials and supplies on a job site during the period of construction, or for the collection of aluminum to be recycled.
B.
Drive in restaurants.
C.
Used car lots.
D.
Car washes.
E.
Sex clubs and massage parlors.
G.
Limousine or livery service.
H.
Major automobile repair facilities.
§ 228-179 Area and bulk requirements.
A.
Minimum lot size: 40,000 square feet. Where as of January 1, 1988 a commercial building existed on a lot with an area of less than 40,000 square feet, the commercial use may be thereafter continued and the structure may be thereafter enlarged by no more than 150 square feet without a lot size variance, provided Township parking standards are met for the enlarged structure.
B.
Minimum lot width: two hundred (200) feet.
C.
Front yard setback for principal and accessory structures: 60 feet.
D.
Side yard setback for principal and accessory structures: one side: 20 feet; two sides: 50 feet.
E.
Rear yard setback for principal and accessory structures: 60 feet.
F.
An attached group of stores may be considered as one building in applying the above yard space requirements.
G.
Maximum height: 35 feet.
H.
Maximum lot coverage: seventy-five (75%) percent.
I.
Landscape Buffer: twenty (20') feet along lot frontage and includes shade trees, earth berms and landscaping.
J.
Parking area and driveway setback: 10 feet from side and rear lot lines.
K.
Parking area landscaping: one canopy tree for every five (5) parking spaces shall be planted within the parking area.