Emerson City Zoning Code

ARTICLE XIII

CBD-10 and CBD-15 Central Business District Zones 1

§ 290-67 Purpose.

[Amended 5-20-2014 by Ord. No. 1481]

The intent and purpose of the Central Business District 10 (CBD-10) and Central Business District 15 (CBD-15) is to:

Provide standards and guidelines to implement the goals of the Redevelopment Plan.[1]

[1]

Editor's Note: The 2006 CBD Redevelopment Plan, adopted by the Land Use Board 3-31-2006.

Recognizing the fact that a majority of the lots within the Central Business District are small, allow for mixed-use development of single lots within the district that will utilize the land more efficiently by promoting shared parking and circulation.

Encourage a comprehensive design that can be completed in phases but when completed creates a strong sense of place and a unified streetscape design.

Establish regulations that promote the revitalization of the district, create a desirable visual environment and reestablishes a safe and efficient circulation design for vehicular and pedestrian traffic.

Ensure that all developments are planned on the basis of an integrated, comprehensive design with respect to the location and relationship of buildings, parking, landscape and buffer amenities, architectural elements, walkways, and pedestrian and vehicular traffic movement.

Establish standards and requirements that are applicable to any project requiring subdivision approval, site plan approval, or zoning permit approval within the CBD District as defined on the Borough of Emerson Zoning Map.

Affirm the goals and objectives set forth in Section 3.0 of the Redevelopment Plan.

§ 290-68 Permitted uses.

Principal uses.

[Amended 12-20-2016 by Ord. No. 1535]

(1)

Retail stores.

(2)

Personal service businesses.

(3)

Eating and drinking establishments (except drive-ins).

(4)

Professional, financial and medical offices.

(5)

Multifamily residential dwellings above at-grade, retail, commercial and other principal permitted uses.

(6)

Multifamily residential dwellings including buildings above at-grade parking, only in areas where the building is behind a building that fronts on Kinderkamack Road.

(7)

Multifamily residential dwellings at grade only where they front on Lincoln Boulevard and only in areas where the building is behind a building that fronts on Kinderkamack Road.

(8)

Instructional studios spaces, including dance, artist, martial arts, music and other related studios.

(9)

Financial institutions.

(10)

Child-care facilities and nursery schools.

Accessory uses.

(1)

Off-street parking designed in accordance with § 290-71 of this article and § 290-13 of the general Zoning Ordinance.

(2)

Outdoor eating areas designed in accordance with § 290-70C of this article.

(3)

Fences and walls in accordance with § 290-40 of the chapter.

(4)

Landscaped plazas, courtyards, alleys and other similar public amenities designed in accordance with the area and bulk regulations set forth for the CBD districts.

(5)

Signs in accordance with § 290-70A(5) of the article.

(6)

Uses that are customarily and normally incidental to the permitted uses.

Prohibited uses.

(1)

Any use or structure other than those uses or structures permitted in Subsection A or B above are prohibited. In addition, and notwithstanding the above, the following uses shall be specifically prohibited:

(a)

Automotive service stations, auto body and repair shops.

(b)

Car washes of any type.

(c)

Drive-up or -through windows serving restaurants.

(d)

Automotive and motorcycle sales and service businesses.

(e)

Contractor supply and storage yards.

(f)

Industrial, warehousing, and manufacturing use.

(g)

Exterior storage of goods.

(2)

Any deviations from the standards provided herein that result in a "D" variance pursuant to N.J.S.A. 40:55D-70d shall be addressed as an amendment to the Redevelopment Plan rather than via variance relief through the Borough Land Use Board. "C" variance relief pursuant to N.J.S.A. 40:55D-70c may be addressed by the Land Use Board through the development application process. All development must be approved by the Borough Land Use Board and shall be submitted through the normal site plan and subdivision procedures as identified by N.J.S.A. 40:55D et seq., and the Borough Land Development Regulations.[1]

[1]

Editor's Note: See Ch. 47, Land Use Procedures, and Ch. 252, Subdivision of Land.

§ 290-69 Area and bulk requirements.

[Amended 5-20-2014 by Ord. No. 1481; 12-20-2016 by Ord. No. 1535]

The following bulk and lot regulations shall apply to all uses permitted within the CBD Zone District:

Table A: Area and Bulk Requirements for CBD-10 and CBD-15
Regulation		CBD-10	CBD-15
Minimum lot area (square feet)		10,000 (a)	15,000 (a)
Minimum lot width (feet)		75	120
Minimum lot depth (feet)		60¹	75¹
Minimum front yard (feet):
	Kinderkamack Road	17^{2, 4}	50³
	Other streets	0	N/A
Maximum front yard (feet):
	Kinderkamack Road	25²	50³
	Other streets	15	N/A
Minimum side yard: one/both (feet)		0/0	10/20¹
Minimum rear yard (feet)		0	10
Maximum building height (stories)		4	3
Maximum building height (feet):
	Along public streets	42⁵	40⁵
	Along the railroad ROW	50⁵	40⁵
Maximum building coverage (%)		85%	85%
Maximum impervious coverage (%)		95%	90%

NOTES:
¹ Corner parcels with rights-of-way located on three sides may reduce the required depth by 55% and reduced side yards of five feet for each yard.
² In accordance with the streetscape requirements set forth in § 290-70B(1) of the article.
³ In accordance with the streetscape requirements set forth in § 290-70B(2) of the article.
⁴ Measured to the curbline.
⁵ Additional height is permitted in accordance with § 290-70A(3) and shall only be permitted on development parcels which are two acres or greater. Further, the fifty-foot building height will only be permitted set back from the front building façade by a minimum of five feet in depth on buildings facing Lincoln Boulevard and Kinderkamack Road.
(a) Provided that, where an entire block is to be redeveloped pursuant to the Redevelopment Plan, the minimum lot area shall coincide with the block as depicted on that map.

§ 290-70 Design standards.

Architectural guidelines.

(1)

Facade design.

(a)

Horizontal articulation between floors. Each facade should be designed to have a delineated floor line between street level and upper floors. This delineation can be in the form of a masonry belt course, a concrete lintel or a cornice line delineated by wood detailing.

(b)

Vertical articulation. Each building facade facing a public right-of-way must have elements of vertical articulation comprised of columns, piers, recessed windows or entry designs, overhangs, ornamental projection of the molding, or recessed portions of the main surface of the wall itself. The vertical articulations shall be designed in accordance with the following:

[1]

Each vertical articulation must be a maximum of 30 feet apart.

[2]

Each vertical articulation must be a minimum of one-foot deep.

[3]

Each projection, excluding projections of the main wall surface that are not designed as overhangs, may extend into the required front yard a maximum of two feet in depth.

[4]

Each projection of the main wall surface that is not designed as an overhang may extend into the required front yard a maximum of one foot.

[5]

The total length of the building facade projections, identified in § 290-70A(1)(a) and 290-70A(1)(b) above, may not exceed 60% of the total facade length.

(c)

Fenestration.

[1]

At least 30% of the first floor primary building frontage used for retail or office shall be clear window glass permitting a view of the building's interior. This percentage shall be calculated within the area of the building facade that is located between three feet and 10 feet above sidewalk level.

[2]

Doors and windows in retail and office uses should cover a minimum of 40% of the building frontage on the street level.

[3]

A minimum of 40% of the front door in retail and office uses shall consist of glass in order to maximize the visibility of the store interior.

[4]

Recessed entries are encouraged to create additional pedestrian environs, provide shelter for sidewalk patrons and enlarged windows in the district.

(2)

Materials. Exterior building materials shall be classified as either primary, secondary or accent materials. The facade must be designed in accordance with the following:

(a)

The primary material shall cover at least 60% of the facade of the building.

(b)

Secondary materials shall cover not more than 40% of the facade.

(c)

Accent materials may include door and window frames, lintels, cornices and other elements and may cover no more than 10% of the facade.

(3)

Rooflines/building height.

[Amended 12-20-2016 by Ord. No. 1535]

(a)

The top of all buildings must be capped by a cornice or sloping roof element other than structures utilized for parking.

(b)

An additional five feet in height for ornamentation, such as parapets and cornices, is permitted. This additional height is only permitted along a maximum of 66% of the facade to encourage a varying roofline.

(c)

In addition to Subsection A(3)(b) above, for each portion of a building that provides cornices and similar appurtenances for ornamental purposes, such elements may not be more than 25 feet in length each.

(d)

All roof-mounted equipment shall be screened from public view by use of parapet walls.

(e)

All lighting proposed on all buildings shall be designed to minimize any impact to the surrounding area. The lighting design should be consistent with the streetscape standards of the district and complimentary to the structure design.

(f)

In the CBD-W zone district, 50% of a building may be four stories in height where the topography of land provides a minimum of an eight-foot change in elevation.

(g)

Irrespective of other height restrictions, buildings in the area south of Ackerman Avenue may be developed with a maximum three residential stories above at-grade parking or above at-grade commercial, with a maximum height of 50 feet.

(4)

Awnings and canopies.

(a)

Canopies and awnings are encouraged at the ground floor level.

(b)

In buildings with multiple storefronts, all awnings or canopies shall be designed of compatible materials.

(c)

Awnings and cornices shall be designed with a minimum vertical clearance of seven feet and shall not extend more than five feet from the face of the building.

(d)

A maximum number of four colors, inclusive of black and white, are permitted.

(e)

The lettering on the canopy shall be limited to the name of the occupant only, which shall be included in determining the color and other sign calculations. The lettering shall have a maximum letter size of nine inches and occupy a maximum of 70% of the valance area.

(f)

No awning shall be erected or maintained so as to obstruct access to any fire escape, window or door.

(g)

Awnings and canopies are permitted to encroach within the front yard setback.

(5)

Signage.

(a)

Roof signs are prohibited in the district.

(b)

For multitenanted buildings, the signs shall be designed with uniform area and height.

(c)

Except as required above, all signage shall meet the regulations of §§ 290-24 through 290-24.5 of this chapter. Any proposed sign that does not meet the requirements set forth by this chapter shall require variance relief. In the event that these standards conflict with existing standards set forth in §§ 290-24 through 290-24.5 of this chapter, this section of design standards supersedes.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Streetscape design requirements.

[Amended 5-20-2014 by Ord. No. 1481]

(1)

All parcels along Kinderkamack Road that are located in the CBD-10 Zone District must comply with the following requirements.

(a)

Buildings set back between 10 feet and 12 feet from the curbline shall have a minimum sidewalk width of five feet and a landscape planter with a minimum width of five feet.

(b)

Buildings set back between 12 feet and 20 feet from the curbline shall have a minimum sidewalk width of 12 feet inclusive of a four-foot-minimum landscaped planter separating two four-foot-wide sidewalks, one of which is adjacent to the building and the other adjacent to the curb.

(c)

Landscaped planters must be at least 200 square feet in area.

(d)

A combination of perennials, ground cover and shrubs and similar material is required in proposed planters.

(e)

Streetscape amenities such as benches shall be incorporated as part of the planter design.

(2)

All parcels along Kinderkamack Road that are located in the CBD-15 Zone District must comply with the following requirements.

(a)

All buildings must be set back a minimum of 20 feet and a maximum of 50 feet from Kinderkamack Road.

(b)

There shall be only parallel parking located between the building and Kinderkamack Road.

(c)

The area between the building and Kinderkamack Road must be landscaped in accordance with Subsection D below.

(3)

Street trees shall be provided along all public rights-of-way in accordance with the following standards:

(a)

Street trees should be located at a distance of 40 feet on center. The exact spacing and planting location shall be evaluated on a site-specific basis and adjusted to reflect the location of buildings to minimize potential obstruction and visibility impacts on wall business signage.

(b)

Trees shall have a minimum caliper size of three inches at time of planting.

Pedestrian circulation design: outdoor cafes and plazas.

(1)

Outdoor cafes.

(a)

Outdoor cafe shall be located on sidewalks, plazas, and courtyards immediately adjacent to any eating and food establishment. Such facilities shall be provided in a manner that pedestrian circulation or access to store entrances is not impaired.

(b)

A minimum of six feet of unobstructed sidewalk area must be available for pedestrian circulation.

(c)

No outdoor loudspeaker, radio, or similar device shall be utilized.

(d)

The area occupied by the cafe must be separated from the public walkway by a structure such as planters, posts, ropes and/or other removable enclosures.

(e)

Outdoor establishments shall not be entitled to additional signage.

(f)

No tables, chairs, or other equipment shall be attached, chained, or in any manner affixed to any tree, post, sign, curb or sidewalk.

(g)

All outdoor equipment must be removed from the sidewalk at the end of each business day, except where it does not block a public sidewalk.

[Amended 5-4-2010 by Ord. No. 1394]

(h)

The applicant shall be responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter.

(i)

No outdoor cafe shall be open for business prior to 7:30 a.m. nor remain open for business after 11:00 p.m. All persons occupying the outdoor cafe shall vacate the same no later than 11:30 p.m.

(j)

Outdoor cafes shall be permitted to operate from April 1 to November 30 in any calendar year. The permit, when issued, shall be valid for one season.

(2)

Pedestrian walkways and plazas.

(a)

Where redevelopment, lot consolidation or other means of land assemblage occurs within the Central Business District, alleyways must be incorporated into the site plan and designed in accordance with Subsection C(2)(c) below.

(b)

Where the redevelopment of a site includes more than 300 feet in frontage on Kinderkamack Road, an alleyway designed in accordance with the Subsection C(2)(c) shall be provided.

(c)

When the development only includes a single tax lot, and provides a mid-block alleyway that conforms to the design standards detailed below, the parking requirement shall be reduced by 10%.

[1]

The alleyway must extend from the parking area to the front sidewalk along Kinderkamack Road.

[2]

The design should include features such as decorative lampposts or lighting bollards that comply with the lighting standards set forth in § 290-70E of this section.

[3]

Pedestrian alleyways shall be minimally 12 feet in width.

[4]

Low-lying vegetation designed in accordance with the detail below shall be provided along the walkway.

[5]

The walkway surface should be compatible in style, materials, colors and details with other site improvements and or the public sidewalks. Brick pavers, textured or stamped sidewalk are encouraged.

(d)

Plazas or courtyards adjacent to parking lots shall utilize decorative, landscaped and effective protective devices to prevent injury from vehicles that inadvertently enter into the pedestrian area.

Landscaping requirements.

(1)

General.

(a)

A landscape design plan shall be required for each site. Each design shall incorporate three or more of the following: trees, shrubs, hedges, ground covers and/or grasses as part of the overall landscape plan.

(b)

Automatic irrigations systems are mandatory components of said plan.

(c)

Perennial and annual flower beds shall be incorporated into the plan.

(2)

Parking area landscaping.

(a)

Parking areas with less than 10 spaces shall be screened from the street with landscaping but no interior parking lot landscaping is required. The street screening shall comply with the general requirements in Subsection D(1) above.

(b)

Parking areas with 10 or greater parking spaces shall be screened from the street with landscaping, and interior lot landscaping, shall be required in accordance with the following:

[1]

Each parking row shall include a curbed landscaped island with at least one shade tree and shrub plantings.

[2]

A minimum of one shrub for every two parking spaces shall be planted along the perimeter of the parking spaces.

[3]

One shade tree shall be provided for every 10 parking spaces.

[4]

Street trees shall be provided along all rights-of-way at a distance of 40 feet on center.

(3)

Recommended plant material:

Shade Trees
Botanical Name	Common Name
Acer Rubrum 'Var'	Red Maple Varieties
Carpinus betulus	European Hornbeam
Fraxinus pennsylvanica 'lanceolata'	Green Ash (seedless)
Gleditsia triacanthos 'inermis'	Thornless Honeylocust
Koelreuteria paniculata	Golden Rain Tree
Platanus x acerifolia	London Plane
Quercus rubra variety	Red Oak
Sophora japonica 'Regent'	Regent Scholartree
Tilia cordata 'Greenspire'	Greenspire Littleleaf Linden
Zelkova serrata'Green Vase', Village Green'	Green Vase Japanese Zelkova

Ornamental Trees
Botanical Name	Common Name
Acer ginnala 'Flame'	Amur Maple
Acer griseum	Paperbark Maple
Amelanchier x grandiflora 'Autumn Brilliance'	Serviceberry
Cercis Canadensis	Eastern Redbud
Cornus kousa 'Chinensis'	Chinese Kousa Dogwood
Malus 'Var'	Crab Apple Varieties
Prunus 'Newport'	Newport Plum
Prunus serrulata 'Amanogawa'	Amanogawa Cherry
Prunus x yedoensis	Yoshino Cherry
Pyrus calleryana 'Aristocrat', 'Chanticleer', 'Whitehouse'	Pear Varieties

Shrubs and Ground Covers
Botanical Name	Common Name
Abelia sp.	Glossy Abelia
Clethra.	Summersweet
Cotoneaster	Cotoneaster
FothergillaForsythea sp.	Fothergilla
Juniperous 'Var'	Juniper Varieties
Ilex Crenata	Japanese Holly
Ilex Glabra	Inkberry Holly
Pinus Mugo	Mugho Pine
Potentilla Fruticosa	Dwarf Potentila
Prunus Laurocerasus	Cherry Laurel
Spirea sp.	Spirea
Syringa	Lilac
Taxus sp.	Yew
Thuja occidentalis Emerald Sentinel 'Spiralis'	Spiralis Eastern Arbovitae

Lighting.

(1)

General site lighting requirements.

(a)

The Borough standard lighting fixture shall be utilized in all pedestrian areas such as walkways and plazas. In addition, this fixture shall be utilized along the Kinderkamack Road right-of-way.

(b)

All outdoor lights shall be decorative fixtures not exceeding 12 feet in height.

(c)

The maximum lighting intensity (footcandle) at any point on the subject property line shall not exceed 0.5 footcandle.

(d)

All lights shall utilize color-corrected lamps. The use of high-pressure sodium lights, fluorescent, or mercury vapor lighting is prohibited. Use of minimum wattage metal halide is encouraged.

(e)

Maximum permitted wattage of fixtures is limited to 250 watts.

(2)

Lighting standards.

(a)

The required lighting levels (in footcandles) for properties in the district shall be as determined in the table below:

Table B
Requirement	Minimum Footcandles	Average Footcandles	Uniformity Ratio
Parking areas	0.5	1.0	4:1
Pedestrian areas	1.0	1.5	4:1
Access driveways	1.0	2.0

(3)

Storefront and facade lighting.

(a)

Lighting should be directed toward the storefront and should be shielded and recessed to prevent spillage.

(b)

Wall-mounted lights shall not be located higher than the second floor.

(c)

No lighting is permitted on the roof structure of a building.

(d)

Use of floodlights is prohibited.

§ 290-71 Off-street parking requirements.

Number of parking spaces. The minimum number of off-street parking spaces required shall be as shown in Table C:

[Amended 12-20-2016 by Ord. No. 1535]

Table C
Land Use		Requirement
Retail stores and shops		1 space per 250 square feet of gross floor area
Banks		1 space per 500 square feet of gross floor area
Business and professional offices		1 space per 350 square feet of gross floor area
Medical and dental clinics or offices		2.5 spaces per each examining room or dental chair or like, plus 1 space for each employee
Restaurants		1 space for each 3 seats
Residence in mixed-use buildings
	1 Bedroom	1.8 spaces per unit
	2 Bedroom	2.0 spaces per unit
Personal service establishments		1 space per 300 square feet of gross floor area
Dance, martial arts, and related studios		1 space per 500 square feet of gross floor area
Galleries		1 space per 500 square feet of gross floor area
Child-care centers and nursery schools		1 space per employee plus 1 space for every 10 children

NOTES:
(a)	If a project contains retail on the first floor with residential above, the parking requirement may be reduced to a maximum of up to 25% to account for shared parking, subject to and conditioned upon: i) the receipt of testimony provided by the applicant's traffic/parking expert supporting such reduction: and, ii) the Land Use Board retaining a traffic/parking consultant to support and confirm such determination, which shall be paid for by the applicant. If a development is constructed with the parking reduction then medical office space shall be a prohibited use. For the purpose of this section, "medical office" shall include walk-in and urgent-care clinics, other medical, dental, treatment and therapy-related facilities.

NOTES:

(a)

If a project contains retail on the first floor with residential above, the parking requirement may be reduced to a maximum of up to 25% to account for shared parking, subject to and conditioned upon: i) the receipt of testimony provided by the applicant's traffic/parking expert supporting such reduction: and, ii) the Land Use Board retaining a traffic/parking consultant to support and confirm such determination, which shall be paid for by the applicant. If a development is constructed with the parking reduction then medical office space shall be a prohibited use. For the purpose of this section, "medical office" shall include walk-in and urgent-care clinics, other medical, dental, treatment and therapy-related facilities.

Parking area design.

(1)

Location. Front yard parking shall be prohibited. Off-street parking spaces shall be limited to side and rear yards.

(2)

Setback. Parking spaces shall be set back minimally five feet from side and rear lot lines, provided that all designs must include a provision for drive connections between adjoining lots for shared parking arrangements. Where parking abuts a single-family residential zone, the minimum setback shall be 10 feet. A landscape buffer shall be provided adjacent to the property line shared with the single-family residential zone.

(3)

Dimension. Parking stalls shall be nine by 18 feet in dimension.

(4)

Loading and unloading facilities shall not take place in the public right-of-way.

(5)

All such parking lots, driveways and loading areas shall be hard-surfaced with asphalt or concrete pavement or brick pavers as approved by the Borough Engineer.

(6)

Parking area landscaping details. See § 290-70D(2).

(7)

Shared parking. Where there is a mixed-use facility consisting of residential and nonresidential uses, an applicant shall be permitted to reduce the amount of required parking by 25% from standards that would otherwise apply to the individual properties.

(8)

Driveways and access aisles dimensions shall be designed in accordance with § 290-30B(2).

§ 290-72 Zoning fee schedule.

[Added 9-15-2020 by Ord. No. 1617-20[1]]

The fee for a zoning review or permit shall be the sum of the fees listed in the subsections below and shall be paid before the permit is issued.

Zoning review fee (requires survey; a current survey depicts as exists): $40.

Patios: $60 plus zoning review fee.

Fences, plus zoning review fee:

(1)

Not associated with pool:

(a)

Fifty feet of fencing or less in length:

[1]

With a current property survey: $40.

[2]

Without a current property survey: $60.

(b)

More than fifty feet in length: $60.

Sidewalks:

(1)

Public new/replacements/repairs over 25%: $50.

(2)

Private walkways: zoning review fee only.

Driveways, plus zoning review fee:

(1)

Resurface same size:

(a)

With a current property survey $40.

(b)

Without current property survey $70.

(2)

Enlargement:

(a)

With a current property survey $70.

(b)

Without a property survey: not permitted.

(3)

Curb cut and/or apron: $25.

Shed (only one permitted), plus zoning review fee:

(1)

Under 144 square feet:

(a)

With a current property survey: $60.

(b)

Without a current property survey: not permitted.

Change of tenancy/occupancy/zoning:

(1)

Residential: $105, plus $50 per each additional unit.

(2)

Nonresidential or mixed: $250, plus $100 per additional unit.

Search of Borough records:

(1)

Current year and back two years: no retrieval fee; only the per-page copy charges.

(2)

Beyond two years from the date of request: $50 per hour or part thereof retrieval fee, plus copy charges per page.

Retaining walls, plus zoning review fee:

(1)

Under four feet in height: $40

[1]

Editor's Note: This ordinance also superseded former Attachment 4 to this chapter, Zoning Fee Schedule, adopted 3-19-2019 by Ord. No. 1587-19.

Emerson City Zoning Code

ARTICLE XIII

CBD-10 and CBD-15 Central Business District Zones 1

§ 290-67 Purpose.

[Amended 5-20-2014 by Ord. No. 1481]

The intent and purpose of the Central Business District 10 (CBD-10) and Central Business District 15 (CBD-15) is to:

Provide standards and guidelines to implement the goals of the Redevelopment Plan.[1]

[1]

Editor's Note: The 2006 CBD Redevelopment Plan, adopted by the Land Use Board 3-31-2006.

Encourage a comprehensive design that can be completed in phases but when completed creates a strong sense of place and a unified streetscape design.

Affirm the goals and objectives set forth in Section 3.0 of the Redevelopment Plan.

§ 290-68 Permitted uses.

Principal uses.

[Amended 12-20-2016 by Ord. No. 1535]

(1)

Retail stores.

(2)

Personal service businesses.

(3)

Eating and drinking establishments (except drive-ins).

(4)

Professional, financial and medical offices.

(5)

Multifamily residential dwellings above at-grade, retail, commercial and other principal permitted uses.

(6)

Multifamily residential dwellings including buildings above at-grade parking, only in areas where the building is behind a building that fronts on Kinderkamack Road.

(7)

Multifamily residential dwellings at grade only where they front on Lincoln Boulevard and only in areas where the building is behind a building that fronts on Kinderkamack Road.

(8)

Instructional studios spaces, including dance, artist, martial arts, music and other related studios.

(9)

Financial institutions.

(10)

Child-care facilities and nursery schools.

Accessory uses.

(1)

Off-street parking designed in accordance with § 290-71 of this article and § 290-13 of the general Zoning Ordinance.

(2)

Outdoor eating areas designed in accordance with § 290-70C of this article.

(3)

Fences and walls in accordance with § 290-40 of the chapter.

(4)

Landscaped plazas, courtyards, alleys and other similar public amenities designed in accordance with the area and bulk regulations set forth for the CBD districts.

(5)

Signs in accordance with § 290-70A(5) of the article.

(6)

Uses that are customarily and normally incidental to the permitted uses.

Prohibited uses.

(1)

(a)

Automotive service stations, auto body and repair shops.

(b)

Car washes of any type.

(c)

Drive-up or -through windows serving restaurants.

(d)

Automotive and motorcycle sales and service businesses.

(e)

Contractor supply and storage yards.

(f)

Industrial, warehousing, and manufacturing use.

(g)

Exterior storage of goods.

(2)

[1]

Editor's Note: See Ch. 47, Land Use Procedures, and Ch. 252, Subdivision of Land.

§ 290-69 Area and bulk requirements.

[Amended 5-20-2014 by Ord. No. 1481; 12-20-2016 by Ord. No. 1535]

The following bulk and lot regulations shall apply to all uses permitted within the CBD Zone District:

Table A: Area and Bulk Requirements for CBD-10 and CBD-15
Regulation		CBD-10	CBD-15
Minimum lot area (square feet)		10,000 (a)	15,000 (a)
Minimum lot width (feet)		75	120
Minimum lot depth (feet)		60¹	75¹
Minimum front yard (feet):
	Kinderkamack Road	17^{2, 4}	50³
	Other streets	0	N/A
Maximum front yard (feet):
	Kinderkamack Road	25²	50³
	Other streets	15	N/A
Minimum side yard: one/both (feet)		0/0	10/20¹
Minimum rear yard (feet)		0	10
Maximum building height (stories)		4	3
Maximum building height (feet):
	Along public streets	42⁵	40⁵
	Along the railroad ROW	50⁵	40⁵
Maximum building coverage (%)		85%	85%
Maximum impervious coverage (%)		95%	90%

NOTES:
¹ Corner parcels with rights-of-way located on three sides may reduce the required depth by 55% and reduced side yards of five feet for each yard.
² In accordance with the streetscape requirements set forth in § 290-70B(1) of the article.
³ In accordance with the streetscape requirements set forth in § 290-70B(2) of the article.
⁴ Measured to the curbline.
⁵ Additional height is permitted in accordance with § 290-70A(3) and shall only be permitted on development parcels which are two acres or greater. Further, the fifty-foot building height will only be permitted set back from the front building façade by a minimum of five feet in depth on buildings facing Lincoln Boulevard and Kinderkamack Road.
(a) Provided that, where an entire block is to be redeveloped pursuant to the Redevelopment Plan, the minimum lot area shall coincide with the block as depicted on that map.

§ 290-70 Design standards.

Architectural guidelines.

Facade design.

Each vertical articulation must be a maximum of 30 feet apart.

[2]

Each vertical articulation must be a minimum of one-foot deep.

[3]

Each projection, excluding projections of the main wall surface that are not designed as overhangs, may extend into the required front yard a maximum of two feet in depth.

[4]

Each projection of the main wall surface that is not designed as an overhang may extend into the required front yard a maximum of one foot.

[5]

The total length of the building facade projections, identified in § 290-70A(1)(a) and 290-70A(1)(b) above, may not exceed 60% of the total facade length.

(c)

Fenestration.

[1]

[2]

Doors and windows in retail and office uses should cover a minimum of 40% of the building frontage on the street level.

[3]

A minimum of 40% of the front door in retail and office uses shall consist of glass in order to maximize the visibility of the store interior.

[4]

Recessed entries are encouraged to create additional pedestrian environs, provide shelter for sidewalk patrons and enlarged windows in the district.

(2)

Materials. Exterior building materials shall be classified as either primary, secondary or accent materials. The facade must be designed in accordance with the following:

(a)

The primary material shall cover at least 60% of the facade of the building.

(b)

Secondary materials shall cover not more than 40% of the facade.

(c)

Accent materials may include door and window frames, lintels, cornices and other elements and may cover no more than 10% of the facade.

(3)

Rooflines/building height.

[Amended 12-20-2016 by Ord. No. 1535]

(a)

The top of all buildings must be capped by a cornice or sloping roof element other than structures utilized for parking.

(b)

(c)

(d)

All roof-mounted equipment shall be screened from public view by use of parapet walls.

(e)

(f)

In the CBD-W zone district, 50% of a building may be four stories in height where the topography of land provides a minimum of an eight-foot change in elevation.

(g)

(4)

Awnings and canopies.

(a)

Canopies and awnings are encouraged at the ground floor level.

(b)

In buildings with multiple storefronts, all awnings or canopies shall be designed of compatible materials.

(c)

Awnings and cornices shall be designed with a minimum vertical clearance of seven feet and shall not extend more than five feet from the face of the building.

(d)

A maximum number of four colors, inclusive of black and white, are permitted.

(e)

(f)

No awning shall be erected or maintained so as to obstruct access to any fire escape, window or door.

(g)

Awnings and canopies are permitted to encroach within the front yard setback.

(5)

Signage.

(a)

Roof signs are prohibited in the district.

(b)

For multitenanted buildings, the signs shall be designed with uniform area and height.

(c)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Streetscape design requirements.

[Amended 5-20-2014 by Ord. No. 1481]

(1)

All parcels along Kinderkamack Road that are located in the CBD-10 Zone District must comply with the following requirements.

(a)

Buildings set back between 10 feet and 12 feet from the curbline shall have a minimum sidewalk width of five feet and a landscape planter with a minimum width of five feet.

(b)

(c)

Landscaped planters must be at least 200 square feet in area.

(d)

A combination of perennials, ground cover and shrubs and similar material is required in proposed planters.

(e)

Streetscape amenities such as benches shall be incorporated as part of the planter design.

(2)

All parcels along Kinderkamack Road that are located in the CBD-15 Zone District must comply with the following requirements.

(a)

All buildings must be set back a minimum of 20 feet and a maximum of 50 feet from Kinderkamack Road.

(b)

There shall be only parallel parking located between the building and Kinderkamack Road.

(c)

The area between the building and Kinderkamack Road must be landscaped in accordance with Subsection D below.

(3)

Street trees shall be provided along all public rights-of-way in accordance with the following standards:

(a)

(b)

Trees shall have a minimum caliper size of three inches at time of planting.

Pedestrian circulation design: outdoor cafes and plazas.

(1)

Outdoor cafes.

(a)

(b)

A minimum of six feet of unobstructed sidewalk area must be available for pedestrian circulation.

(c)

No outdoor loudspeaker, radio, or similar device shall be utilized.

(d)

The area occupied by the cafe must be separated from the public walkway by a structure such as planters, posts, ropes and/or other removable enclosures.

(e)

Outdoor establishments shall not be entitled to additional signage.

(f)

No tables, chairs, or other equipment shall be attached, chained, or in any manner affixed to any tree, post, sign, curb or sidewalk.

(g)

All outdoor equipment must be removed from the sidewalk at the end of each business day, except where it does not block a public sidewalk.

[Amended 5-4-2010 by Ord. No. 1394]

(h)

The applicant shall be responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter.

(i)

No outdoor cafe shall be open for business prior to 7:30 a.m. nor remain open for business after 11:00 p.m. All persons occupying the outdoor cafe shall vacate the same no later than 11:30 p.m.

(j)

Outdoor cafes shall be permitted to operate from April 1 to November 30 in any calendar year. The permit, when issued, shall be valid for one season.

(2)

Pedestrian walkways and plazas.

(a)

(b)

Where the redevelopment of a site includes more than 300 feet in frontage on Kinderkamack Road, an alleyway designed in accordance with the Subsection C(2)(c) shall be provided.

(c)

When the development only includes a single tax lot, and provides a mid-block alleyway that conforms to the design standards detailed below, the parking requirement shall be reduced by 10%.

[1]

The alleyway must extend from the parking area to the front sidewalk along Kinderkamack Road.

[2]

The design should include features such as decorative lampposts or lighting bollards that comply with the lighting standards set forth in § 290-70E of this section.

[3]

Pedestrian alleyways shall be minimally 12 feet in width.

[4]

Low-lying vegetation designed in accordance with the detail below shall be provided along the walkway.

[5]

The walkway surface should be compatible in style, materials, colors and details with other site improvements and or the public sidewalks. Brick pavers, textured or stamped sidewalk are encouraged.

(d)

Plazas or courtyards adjacent to parking lots shall utilize decorative, landscaped and effective protective devices to prevent injury from vehicles that inadvertently enter into the pedestrian area.

Landscaping requirements.

(1)

General.

(a)

(b)

Automatic irrigations systems are mandatory components of said plan.

(c)

Perennial and annual flower beds shall be incorporated into the plan.

(2)

Parking area landscaping.

(a)

(b)

Parking areas with 10 or greater parking spaces shall be screened from the street with landscaping, and interior lot landscaping, shall be required in accordance with the following:

[1]

Each parking row shall include a curbed landscaped island with at least one shade tree and shrub plantings.

[2]

A minimum of one shrub for every two parking spaces shall be planted along the perimeter of the parking spaces.

[3]

One shade tree shall be provided for every 10 parking spaces.

[4]

Street trees shall be provided along all rights-of-way at a distance of 40 feet on center.

(3)

Recommended plant material:

Shade Trees
Botanical Name	Common Name
Acer Rubrum 'Var'	Red Maple Varieties
Carpinus betulus	European Hornbeam
Fraxinus pennsylvanica 'lanceolata'	Green Ash (seedless)
Gleditsia triacanthos 'inermis'	Thornless Honeylocust
Koelreuteria paniculata	Golden Rain Tree
Platanus x acerifolia	London Plane
Quercus rubra variety	Red Oak
Sophora japonica 'Regent'	Regent Scholartree
Tilia cordata 'Greenspire'	Greenspire Littleleaf Linden
Zelkova serrata'Green Vase', Village Green'	Green Vase Japanese Zelkova

Ornamental Trees
Botanical Name	Common Name
Acer ginnala 'Flame'	Amur Maple
Acer griseum	Paperbark Maple
Amelanchier x grandiflora 'Autumn Brilliance'	Serviceberry
Cercis Canadensis	Eastern Redbud
Cornus kousa 'Chinensis'	Chinese Kousa Dogwood
Malus 'Var'	Crab Apple Varieties
Prunus 'Newport'	Newport Plum
Prunus serrulata 'Amanogawa'	Amanogawa Cherry
Prunus x yedoensis	Yoshino Cherry
Pyrus calleryana 'Aristocrat', 'Chanticleer', 'Whitehouse'	Pear Varieties

Shrubs and Ground Covers
Botanical Name	Common Name
Abelia sp.	Glossy Abelia
Clethra.	Summersweet
Cotoneaster	Cotoneaster
FothergillaForsythea sp.	Fothergilla
Juniperous 'Var'	Juniper Varieties
Ilex Crenata	Japanese Holly
Ilex Glabra	Inkberry Holly
Pinus Mugo	Mugho Pine
Potentilla Fruticosa	Dwarf Potentila
Prunus Laurocerasus	Cherry Laurel
Spirea sp.	Spirea
Syringa	Lilac
Taxus sp.	Yew
Thuja occidentalis Emerald Sentinel 'Spiralis'	Spiralis Eastern Arbovitae

Lighting.

(1)

General site lighting requirements.

(a)

The Borough standard lighting fixture shall be utilized in all pedestrian areas such as walkways and plazas. In addition, this fixture shall be utilized along the Kinderkamack Road right-of-way.

(b)

All outdoor lights shall be decorative fixtures not exceeding 12 feet in height.

(c)

The maximum lighting intensity (footcandle) at any point on the subject property line shall not exceed 0.5 footcandle.

(d)

All lights shall utilize color-corrected lamps. The use of high-pressure sodium lights, fluorescent, or mercury vapor lighting is prohibited. Use of minimum wattage metal halide is encouraged.

(e)

Maximum permitted wattage of fixtures is limited to 250 watts.

(2)

Lighting standards.

(a)

The required lighting levels (in footcandles) for properties in the district shall be as determined in the table below:

Table B
Requirement	Minimum Footcandles	Average Footcandles	Uniformity Ratio
Parking areas	0.5	1.0	4:1
Pedestrian areas	1.0	1.5	4:1
Access driveways	1.0	2.0

(3)

Storefront and facade lighting.

(a)

Lighting should be directed toward the storefront and should be shielded and recessed to prevent spillage.

(b)

Wall-mounted lights shall not be located higher than the second floor.

(c)

No lighting is permitted on the roof structure of a building.

(d)

Use of floodlights is prohibited.

§ 290-71 Off-street parking requirements.

Number of parking spaces. The minimum number of off-street parking spaces required shall be as shown in Table C:

[Amended 12-20-2016 by Ord. No. 1535]

Table C
Land Use		Requirement
Retail stores and shops		1 space per 250 square feet of gross floor area
Banks		1 space per 500 square feet of gross floor area
Business and professional offices		1 space per 350 square feet of gross floor area
Medical and dental clinics or offices		2.5 spaces per each examining room or dental chair or like, plus 1 space for each employee
Restaurants		1 space for each 3 seats
Residence in mixed-use buildings
	1 Bedroom	1.8 spaces per unit
	2 Bedroom	2.0 spaces per unit
Personal service establishments		1 space per 300 square feet of gross floor area
Dance, martial arts, and related studios		1 space per 500 square feet of gross floor area
Galleries		1 space per 500 square feet of gross floor area
Child-care centers and nursery schools		1 space per employee plus 1 space for every 10 children

NOTES:
(a)	If a project contains retail on the first floor with residential above, the parking requirement may be reduced to a maximum of up to 25% to account for shared parking, subject to and conditioned upon: i) the receipt of testimony provided by the applicant's traffic/parking expert supporting such reduction: and, ii) the Land Use Board retaining a traffic/parking consultant to support and confirm such determination, which shall be paid for by the applicant. If a development is constructed with the parking reduction then medical office space shall be a prohibited use. For the purpose of this section, "medical office" shall include walk-in and urgent-care clinics, other medical, dental, treatment and therapy-related facilities.

NOTES:

(a)

Parking area design.

(1)

Location. Front yard parking shall be prohibited. Off-street parking spaces shall be limited to side and rear yards.

(2)

(3)

Dimension. Parking stalls shall be nine by 18 feet in dimension.

(4)

Loading and unloading facilities shall not take place in the public right-of-way.

(5)

All such parking lots, driveways and loading areas shall be hard-surfaced with asphalt or concrete pavement or brick pavers as approved by the Borough Engineer.

(6)

Parking area landscaping details. See § 290-70D(2).

(7)

(8)

Driveways and access aisles dimensions shall be designed in accordance with § 290-30B(2).

§ 290-72 Zoning fee schedule.

[Added 9-15-2020 by Ord. No. 1617-20[1]]

The fee for a zoning review or permit shall be the sum of the fees listed in the subsections below and shall be paid before the permit is issued.

Zoning review fee (requires survey; a current survey depicts as exists): $40.

Patios: $60 plus zoning review fee.

Fences, plus zoning review fee:

(1)

Not associated with pool:

(a)

Fifty feet of fencing or less in length:

[1]

With a current property survey: $40.

[2]

Without a current property survey: $60.

(b)

More than fifty feet in length: $60.

Sidewalks:

(1)

Public new/replacements/repairs over 25%: $50.

(2)

Private walkways: zoning review fee only.

Driveways, plus zoning review fee:

(1)

Resurface same size:

(a)

With a current property survey $40.

(b)

Without current property survey $70.

(2)

Enlargement:

(a)

With a current property survey $70.

(b)

Without a property survey: not permitted.

(3)

Curb cut and/or apron: $25.

Shed (only one permitted), plus zoning review fee:

(1)

Under 144 square feet:

(a)

With a current property survey: $60.

(b)

Without a current property survey: not permitted.

Change of tenancy/occupancy/zoning:

(1)

Residential: $105, plus $50 per each additional unit.

(2)

Nonresidential or mixed: $250, plus $100 per additional unit.

Search of Borough records:

(1)

Current year and back two years: no retrieval fee; only the per-page copy charges.

(2)

Beyond two years from the date of request: $50 per hour or part thereof retrieval fee, plus copy charges per page.

Retaining walls, plus zoning review fee:

(1)

Under four feet in height: $40

[1]

Editor's Note: This ordinance also superseded former Attachment 4 to this chapter, Zoning Fee Schedule, adopted 3-19-2019 by Ord. No. 1587-19.

Emerson City Zoning Code

ARTICLE XIII

CBD-10 and CBD-15 Central Business District Zones 1

§ 290-67 Purpose.

[Amended 5-20-2014 by Ord. No. 1481]

The intent and purpose of the Central Business District 10 (CBD-10) and Central Business District 15 (CBD-15) is to:

Provide standards and guidelines to implement the goals of the Redevelopment Plan.[1]

[1]

Editor's Note: The 2006 CBD Redevelopment Plan, adopted by the Land Use Board 3-31-2006.

Encourage a comprehensive design that can be completed in phases but when completed creates a strong sense of place and a unified streetscape design.

Affirm the goals and objectives set forth in Section 3.0 of the Redevelopment Plan.

§ 290-68 Permitted uses.

Principal uses.

[Amended 12-20-2016 by Ord. No. 1535]

(1)

Retail stores.

(2)

Personal service businesses.

(3)

Eating and drinking establishments (except drive-ins).

(4)

Professional, financial and medical offices.

(5)

Multifamily residential dwellings above at-grade, retail, commercial and other principal permitted uses.

(6)

Multifamily residential dwellings including buildings above at-grade parking, only in areas where the building is behind a building that fronts on Kinderkamack Road.

(7)

Multifamily residential dwellings at grade only where they front on Lincoln Boulevard and only in areas where the building is behind a building that fronts on Kinderkamack Road.

(8)

Instructional studios spaces, including dance, artist, martial arts, music and other related studios.

(9)

Financial institutions.

(10)

Child-care facilities and nursery schools.

Accessory uses.

(1)

Off-street parking designed in accordance with § 290-71 of this article and § 290-13 of the general Zoning Ordinance.

(2)

Outdoor eating areas designed in accordance with § 290-70C of this article.

(3)

Fences and walls in accordance with § 290-40 of the chapter.

(4)

Landscaped plazas, courtyards, alleys and other similar public amenities designed in accordance with the area and bulk regulations set forth for the CBD districts.

(5)

Signs in accordance with § 290-70A(5) of the article.

(6)

Uses that are customarily and normally incidental to the permitted uses.

Prohibited uses.

(1)

(a)

Automotive service stations, auto body and repair shops.

(b)

Car washes of any type.

(c)

Drive-up or -through windows serving restaurants.

(d)

Automotive and motorcycle sales and service businesses.

(e)

Contractor supply and storage yards.

(f)

Industrial, warehousing, and manufacturing use.

(g)

Exterior storage of goods.

(2)

[1]

Editor's Note: See Ch. 47, Land Use Procedures, and Ch. 252, Subdivision of Land.

§ 290-69 Area and bulk requirements.

[Amended 5-20-2014 by Ord. No. 1481; 12-20-2016 by Ord. No. 1535]

The following bulk and lot regulations shall apply to all uses permitted within the CBD Zone District:

Table A: Area and Bulk Requirements for CBD-10 and CBD-15
Regulation		CBD-10	CBD-15
Minimum lot area (square feet)		10,000 (a)	15,000 (a)
Minimum lot width (feet)		75	120
Minimum lot depth (feet)		60¹	75¹
Minimum front yard (feet):
	Kinderkamack Road	17^{2, 4}	50³
	Other streets	0	N/A
Maximum front yard (feet):
	Kinderkamack Road	25²	50³
	Other streets	15	N/A
Minimum side yard: one/both (feet)		0/0	10/20¹
Minimum rear yard (feet)		0	10
Maximum building height (stories)		4	3
Maximum building height (feet):
	Along public streets	42⁵	40⁵
	Along the railroad ROW	50⁵	40⁵
Maximum building coverage (%)		85%	85%
Maximum impervious coverage (%)		95%	90%

NOTES:
¹ Corner parcels with rights-of-way located on three sides may reduce the required depth by 55% and reduced side yards of five feet for each yard.
² In accordance with the streetscape requirements set forth in § 290-70B(1) of the article.
³ In accordance with the streetscape requirements set forth in § 290-70B(2) of the article.
⁴ Measured to the curbline.
⁵ Additional height is permitted in accordance with § 290-70A(3) and shall only be permitted on development parcels which are two acres or greater. Further, the fifty-foot building height will only be permitted set back from the front building façade by a minimum of five feet in depth on buildings facing Lincoln Boulevard and Kinderkamack Road.
(a) Provided that, where an entire block is to be redeveloped pursuant to the Redevelopment Plan, the minimum lot area shall coincide with the block as depicted on that map.

§ 290-70 Design standards.

Architectural guidelines.

Facade design.

Each vertical articulation must be a maximum of 30 feet apart.

[2]

Each vertical articulation must be a minimum of one-foot deep.

[3]

Each projection, excluding projections of the main wall surface that are not designed as overhangs, may extend into the required front yard a maximum of two feet in depth.

[4]

Each projection of the main wall surface that is not designed as an overhang may extend into the required front yard a maximum of one foot.

[5]

The total length of the building facade projections, identified in § 290-70A(1)(a) and 290-70A(1)(b) above, may not exceed 60% of the total facade length.

(c)

Fenestration.

[1]

[2]

Doors and windows in retail and office uses should cover a minimum of 40% of the building frontage on the street level.

[3]

A minimum of 40% of the front door in retail and office uses shall consist of glass in order to maximize the visibility of the store interior.

[4]

Recessed entries are encouraged to create additional pedestrian environs, provide shelter for sidewalk patrons and enlarged windows in the district.

(2)

Materials. Exterior building materials shall be classified as either primary, secondary or accent materials. The facade must be designed in accordance with the following:

(a)

The primary material shall cover at least 60% of the facade of the building.

(b)

Secondary materials shall cover not more than 40% of the facade.

(c)

Accent materials may include door and window frames, lintels, cornices and other elements and may cover no more than 10% of the facade.

(3)

Rooflines/building height.

[Amended 12-20-2016 by Ord. No. 1535]

(a)

The top of all buildings must be capped by a cornice or sloping roof element other than structures utilized for parking.

(b)

(c)

(d)

All roof-mounted equipment shall be screened from public view by use of parapet walls.

(e)

(f)

In the CBD-W zone district, 50% of a building may be four stories in height where the topography of land provides a minimum of an eight-foot change in elevation.

(g)

(4)

Awnings and canopies.

(a)

Canopies and awnings are encouraged at the ground floor level.

(b)

In buildings with multiple storefronts, all awnings or canopies shall be designed of compatible materials.

(c)

Awnings and cornices shall be designed with a minimum vertical clearance of seven feet and shall not extend more than five feet from the face of the building.

(d)

A maximum number of four colors, inclusive of black and white, are permitted.

(e)

(f)

No awning shall be erected or maintained so as to obstruct access to any fire escape, window or door.

(g)

Awnings and canopies are permitted to encroach within the front yard setback.

(5)

Signage.

(a)

Roof signs are prohibited in the district.

(b)

For multitenanted buildings, the signs shall be designed with uniform area and height.

(c)

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Streetscape design requirements.

[Amended 5-20-2014 by Ord. No. 1481]

(1)

All parcels along Kinderkamack Road that are located in the CBD-10 Zone District must comply with the following requirements.

(a)

Buildings set back between 10 feet and 12 feet from the curbline shall have a minimum sidewalk width of five feet and a landscape planter with a minimum width of five feet.

(b)

(c)

Landscaped planters must be at least 200 square feet in area.

(d)

A combination of perennials, ground cover and shrubs and similar material is required in proposed planters.

(e)

Streetscape amenities such as benches shall be incorporated as part of the planter design.

(2)

All parcels along Kinderkamack Road that are located in the CBD-15 Zone District must comply with the following requirements.

(a)

All buildings must be set back a minimum of 20 feet and a maximum of 50 feet from Kinderkamack Road.

(b)

There shall be only parallel parking located between the building and Kinderkamack Road.

(c)

The area between the building and Kinderkamack Road must be landscaped in accordance with Subsection D below.

(3)

Street trees shall be provided along all public rights-of-way in accordance with the following standards:

(a)

(b)

Trees shall have a minimum caliper size of three inches at time of planting.

Pedestrian circulation design: outdoor cafes and plazas.

(1)

Outdoor cafes.

(a)

(b)

A minimum of six feet of unobstructed sidewalk area must be available for pedestrian circulation.

(c)

No outdoor loudspeaker, radio, or similar device shall be utilized.

(d)

The area occupied by the cafe must be separated from the public walkway by a structure such as planters, posts, ropes and/or other removable enclosures.

(e)

Outdoor establishments shall not be entitled to additional signage.

(f)

No tables, chairs, or other equipment shall be attached, chained, or in any manner affixed to any tree, post, sign, curb or sidewalk.

(g)

All outdoor equipment must be removed from the sidewalk at the end of each business day, except where it does not block a public sidewalk.

[Amended 5-4-2010 by Ord. No. 1394]

(h)

The applicant shall be responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter.

(i)

No outdoor cafe shall be open for business prior to 7:30 a.m. nor remain open for business after 11:00 p.m. All persons occupying the outdoor cafe shall vacate the same no later than 11:30 p.m.

(j)

Outdoor cafes shall be permitted to operate from April 1 to November 30 in any calendar year. The permit, when issued, shall be valid for one season.

(2)

Pedestrian walkways and plazas.

(a)

(b)

Where the redevelopment of a site includes more than 300 feet in frontage on Kinderkamack Road, an alleyway designed in accordance with the Subsection C(2)(c) shall be provided.

(c)

When the development only includes a single tax lot, and provides a mid-block alleyway that conforms to the design standards detailed below, the parking requirement shall be reduced by 10%.

[1]

The alleyway must extend from the parking area to the front sidewalk along Kinderkamack Road.

[2]

The design should include features such as decorative lampposts or lighting bollards that comply with the lighting standards set forth in § 290-70E of this section.

[3]

Pedestrian alleyways shall be minimally 12 feet in width.

[4]

Low-lying vegetation designed in accordance with the detail below shall be provided along the walkway.

[5]

The walkway surface should be compatible in style, materials, colors and details with other site improvements and or the public sidewalks. Brick pavers, textured or stamped sidewalk are encouraged.

(d)

Plazas or courtyards adjacent to parking lots shall utilize decorative, landscaped and effective protective devices to prevent injury from vehicles that inadvertently enter into the pedestrian area.

Landscaping requirements.

(1)

General.

(a)

(b)

Automatic irrigations systems are mandatory components of said plan.

(c)

Perennial and annual flower beds shall be incorporated into the plan.

(2)

Parking area landscaping.

(a)

(b)

Parking areas with 10 or greater parking spaces shall be screened from the street with landscaping, and interior lot landscaping, shall be required in accordance with the following:

[1]

Each parking row shall include a curbed landscaped island with at least one shade tree and shrub plantings.

[2]

A minimum of one shrub for every two parking spaces shall be planted along the perimeter of the parking spaces.

[3]

One shade tree shall be provided for every 10 parking spaces.

[4]

Street trees shall be provided along all rights-of-way at a distance of 40 feet on center.

(3)

Recommended plant material:

Shade Trees
Botanical Name	Common Name
Acer Rubrum 'Var'	Red Maple Varieties
Carpinus betulus	European Hornbeam
Fraxinus pennsylvanica 'lanceolata'	Green Ash (seedless)
Gleditsia triacanthos 'inermis'	Thornless Honeylocust
Koelreuteria paniculata	Golden Rain Tree
Platanus x acerifolia	London Plane
Quercus rubra variety	Red Oak
Sophora japonica 'Regent'	Regent Scholartree
Tilia cordata 'Greenspire'	Greenspire Littleleaf Linden
Zelkova serrata'Green Vase', Village Green'	Green Vase Japanese Zelkova

Ornamental Trees
Botanical Name	Common Name
Acer ginnala 'Flame'	Amur Maple
Acer griseum	Paperbark Maple
Amelanchier x grandiflora 'Autumn Brilliance'	Serviceberry
Cercis Canadensis	Eastern Redbud
Cornus kousa 'Chinensis'	Chinese Kousa Dogwood
Malus 'Var'	Crab Apple Varieties
Prunus 'Newport'	Newport Plum
Prunus serrulata 'Amanogawa'	Amanogawa Cherry
Prunus x yedoensis	Yoshino Cherry
Pyrus calleryana 'Aristocrat', 'Chanticleer', 'Whitehouse'	Pear Varieties

Shrubs and Ground Covers
Botanical Name	Common Name
Abelia sp.	Glossy Abelia
Clethra.	Summersweet
Cotoneaster	Cotoneaster
FothergillaForsythea sp.	Fothergilla
Juniperous 'Var'	Juniper Varieties
Ilex Crenata	Japanese Holly
Ilex Glabra	Inkberry Holly
Pinus Mugo	Mugho Pine
Potentilla Fruticosa	Dwarf Potentila
Prunus Laurocerasus	Cherry Laurel
Spirea sp.	Spirea
Syringa	Lilac
Taxus sp.	Yew
Thuja occidentalis Emerald Sentinel 'Spiralis'	Spiralis Eastern Arbovitae

Lighting.

(1)

General site lighting requirements.

(a)

The Borough standard lighting fixture shall be utilized in all pedestrian areas such as walkways and plazas. In addition, this fixture shall be utilized along the Kinderkamack Road right-of-way.

(b)

All outdoor lights shall be decorative fixtures not exceeding 12 feet in height.

(c)

The maximum lighting intensity (footcandle) at any point on the subject property line shall not exceed 0.5 footcandle.

(d)

All lights shall utilize color-corrected lamps. The use of high-pressure sodium lights, fluorescent, or mercury vapor lighting is prohibited. Use of minimum wattage metal halide is encouraged.

(e)

Maximum permitted wattage of fixtures is limited to 250 watts.

(2)

Lighting standards.

(a)

The required lighting levels (in footcandles) for properties in the district shall be as determined in the table below:

Table B
Requirement	Minimum Footcandles	Average Footcandles	Uniformity Ratio
Parking areas	0.5	1.0	4:1
Pedestrian areas	1.0	1.5	4:1
Access driveways	1.0	2.0

(3)

Storefront and facade lighting.

(a)

Lighting should be directed toward the storefront and should be shielded and recessed to prevent spillage.

(b)

Wall-mounted lights shall not be located higher than the second floor.

(c)

No lighting is permitted on the roof structure of a building.

(d)

Use of floodlights is prohibited.

§ 290-71 Off-street parking requirements.

Number of parking spaces. The minimum number of off-street parking spaces required shall be as shown in Table C:

[Amended 12-20-2016 by Ord. No. 1535]

Table C
Land Use		Requirement
Retail stores and shops		1 space per 250 square feet of gross floor area
Banks		1 space per 500 square feet of gross floor area
Business and professional offices		1 space per 350 square feet of gross floor area
Medical and dental clinics or offices		2.5 spaces per each examining room or dental chair or like, plus 1 space for each employee
Restaurants		1 space for each 3 seats
Residence in mixed-use buildings
	1 Bedroom	1.8 spaces per unit
	2 Bedroom	2.0 spaces per unit
Personal service establishments		1 space per 300 square feet of gross floor area
Dance, martial arts, and related studios		1 space per 500 square feet of gross floor area
Galleries		1 space per 500 square feet of gross floor area
Child-care centers and nursery schools		1 space per employee plus 1 space for every 10 children

NOTES:
(a)	If a project contains retail on the first floor with residential above, the parking requirement may be reduced to a maximum of up to 25% to account for shared parking, subject to and conditioned upon: i) the receipt of testimony provided by the applicant's traffic/parking expert supporting such reduction: and, ii) the Land Use Board retaining a traffic/parking consultant to support and confirm such determination, which shall be paid for by the applicant. If a development is constructed with the parking reduction then medical office space shall be a prohibited use. For the purpose of this section, "medical office" shall include walk-in and urgent-care clinics, other medical, dental, treatment and therapy-related facilities.

NOTES:

(a)

Parking area design.

(1)

Location. Front yard parking shall be prohibited. Off-street parking spaces shall be limited to side and rear yards.

(2)

(3)

Dimension. Parking stalls shall be nine by 18 feet in dimension.

(4)

Loading and unloading facilities shall not take place in the public right-of-way.

(5)

All such parking lots, driveways and loading areas shall be hard-surfaced with asphalt or concrete pavement or brick pavers as approved by the Borough Engineer.

(6)

Parking area landscaping details. See § 290-70D(2).

(7)

(8)

Driveways and access aisles dimensions shall be designed in accordance with § 290-30B(2).