Flemington City Zoning Code
§ 2618
TRANSITION COMMERCIAL TC DISTRICT.
[Ord. No. 2012-01; Ord. No. 2012-10; Ord. No. 2014-6; amended 2-26-2018 by Ord. No. 2018-1; 5-26-2020 by Ord. No. 2020-7; 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04; 9-11-2023 by Ord. No. 2023-23; amended 10-14-2025 by Ord. No. 2025-21]
A.
Purpose. The purpose of the Transition Commercial (TC) District is to provide areas for more intensive commercial uses which are not appropriate for, or which require larger lots than is typical for, the Borough's downtown commercial and mixed use districts. The Borough encourages lot consolidation in order to better host the more intense uses permitted in the District. Retail sales and service uses are desirable on larger tracts of land that offer different opportunities and character than that of the downtown, as well as to further incentivize lot consolidation.
B.
Permitted principal uses. In the Transition Commercial Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. The following establishments or uses shall be permitted:
1.
Offices.
2.
Medical office.
3.
Childcare.
4.
Indoor and outdoor recreation.
5.
Theaters.
6.
Higher education and training.
7.
Community buildings.
8.
Club facilities.
9.
Animal hospital.
10.
Funeral homes.
11.
Research facilities.
12.
Health and fitness facilities.
13.
Learning center.
14.
Artisan manufacturing.
15.
Residential uses existing as of the date of adoption of this ordinance which may be expanded or enlarged without the need for a use variance. Any such expansion/enlargement should, however, be compliant with any applicable bulk or other requirements.
16.
Any combination of one or more permitted, conditional, or accessory uses.
C.
Accessory uses permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
1.
Any use which is customary and incidental to the principal use.
2.
Off-street parking.
3.
Fences and walls.
5.
Storage and maintenance buildings.
6.
Solar facilities.
7.
Community gardening.
8.
Activities such as but not limited to parties, "pop up" events, art installations, performances, sales, services, and classes related to activities of or promotions for a permitted or conditional use. Said events shall be subordinate to the principal use and may be temporary/intermittent or may be a regular occurrence. Any such event shall be subject to applicable standards of the Borough Code, including but not limited to, Chapter 8 Fire Prevention Code.
D.
Conditional uses permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board.
1.
Structured parking meeting the following criteria:
a.
Along a public street frontage, the first floor of the parking structure shall be occupied by a permitted use or use otherwise approved by the Planning Board, except that an access driveway with a maximum width of 40 feet shall be permitted along the public street frontage.
b.
Where the structured parking does not have frontage along a public street, the parking shall be screened by structural elements that are compatible with the materials and design of the building facades.
2.
Cannabis Retailer, Medical Cannabis Dispensary or Alternative Treatment Center meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Retailer to operate within the Borough shall be granted or renewed without such evidence as may be required by the Borough Clerk's office to determine that the operator maintains all valid State of New Jersey licenses and approvals, and that all such licenses and/or approvals remain in good standing.
b.
Cannabis Retailers shall comply with the Recreational Cannabis Act and all regulations promulgated by the New Jersey Cannabis Regulatory Commission. Medical Dispensaries and Alternative Treatment Centers shall comply with CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only one Cannabis Retailer shall be permitted to locate within the Transition Commercial District. However, in no event shall more than two Cannabis Retailers be permitted to locate within the Borough. This limitation is inclusive of Medical Cannabis Dispensary or Alternative Treatment Centers.
d.
Site Plan Approval and Conditional Use Approval by the Planning Board shall be required, with notice of any public hearing provided in accordance with N.J.S.A. 40:55D-12.
e.
Maximum permitted hours of operation shall be between 9:00 a.m. and 9:00 p.m.
f.
Use or consumption of marijuana or cannabis in any manner shall not be permitted within the Cannabis Retailer's facility, whether in the building or on its grounds or parking lots. Cannabis Consumption Areas are not permitted.
g.
Drive thru facilities are not permitted.
h.
Primary access shall be from a State or County roadway.
4.
Multifamily residential development meeting the following criteria:
a.
Shall contain frontage on State Highway Route 12 or South Main Street.
b.
Minimum lot size: one acre.
c.
Minimum lot width: 200 feet.
d.
The development shall be mixed-use, containing residential and non-residential uses.
e.
First floor residential floor area shall not occupy the portion of any building that has frontage along a public street, with the exception of a building entrance. First floor residential uses may be located at the rear of a building, provided first floor nonresidential uses in the building are located along the public street.
f.
Residential units that do not face a public street may be located on the first floor.
g.
Residential use floor area limitations:
(1)
Residential uses which are accessory to a principal non-residential use include onsite housing units reserved for people employed by or students of the principal non-residential use, and shall not be for general rental purposes. Units shall not be rented to households that are not employed by or students of the non-residential use.
(2)
The maximum percent of total building area that may be residential uses where said residential uses are accessory to the non-residential use: 30%.
(3)
The maximum percent of total building area that may be residential uses where said residential uses are not accessory to the non-residential use: 20%.
(4)
The floor area calculation herein shall include principal and accessory uses.
(5)
Structured parking shall be exempt from the herein floor area calculations.
h.
Affordable housing is required is follows:
(1)
For residential uses not accessory to the non-residential use, the affordable housing set-aside shall be not less than 20%. Affordable housing units shall be developed in compliance with the Borough's affordable housing ordinance and the Uniform Housing Affordability Control Rules (N.J.A.C 5:80-21).
(2)
For residential uses accessory to a principal non-residential use, an affordable housing set-aside is not required.
5.
Hotels meeting the following criteria:
a.
Lot frontage shall be along and vehicle access shall be provided from Route 12.
E.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to all TC Districts:
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Impervious Surface Ratio | Floor Area Ratio |
|---|---|---|---|---|---|---|---|---|---|
Properties less than 1 acre in size: Principal Uses Accessory building (2) | 20,000 square feet | 100' | 175' | 25' NP | 15' (1) 15' | 50' 30' | 35'\2.5 stories 18' | 0.70 Inclusive | 0.25 |
Properties 1 acre in size or greater: Principal Uses Accessory building (2) | 43,560 square feet | 200' | 175' | 25' NP | 15'(1) 15' | 50' 30' | 45'/3 stories | 0.70 Inclusive | 0.50 |
NP = Not Permitted. |
(1) - Minimum side yard shall increase to 35 feet where adjacent to a residential use. |
(2) - Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |