Flemington City Zoning Code
§ 2619
COMMUNITY BUSINESS CB DISTRICT.
[Amended Ord. No. 2012-01; 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04; 10-14-2025 by Ord. No. 2025-21]
A.
Purpose. The purpose of the Community Business (CB) District is provide a mixed use zone combining a number of different residential housing types, retail sales and services limited to the everyday needs of residents and small scale office uses. This district is located at the southern end of the Borough around the Route 12 traffic circle where it functions as Flemington's southern gateway.
B.
Permitted Principal Uses. In the Community Business Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except as herein described. Commercial uses shall be defined in accordance with their SIC Code number where shown with a number in parentheses (thus). The following establishments or uses shall be permitted:
1.
Single family detached dwelling.
2.
Two-family dwelling.
3.
Plumbing, heating and air-conditioning contracting (1711).
4.
Painting and paperhanging contracting (172).
5.
Electrical contracting (173).
6.
Meat and fish markets, including frozen food purveyors (542).
7.
Fruit and vegetable market (543).
8.
Candy, nut and confectionery store (544).
9.
Dairy products sales (545).
10.
Retail bakery (546).
11.
Grocery stores (541) and other food stores (549).
12.
Apparel and accessories store (56).
13.
Drug and proprietary stores (591).
14.
Opticians and optical goods (5995).
15.
Art and drafting supply, gallery, auction room, antique store, cosmetics, pets and pet supply store, picture framing, philatelist shop, awning shop, and other miscellaneous retail uses (5999).
16.
Garment pressing (7212).
17.
Coin operated laundries (7215).
18.
Offices for finance, insurance, and real estate services (60-65, 67).
19.
Dry cleaning plant excepting rug cleaning (7216), laundry services excluding coin-operated services (7219).
20.
Photographic and portrait studio (7221).
21.
Beauty (7231) and barber (7241) shops.
22.
Shoe repair and shoeshine services (7251).
23.
Tax return preparation (7291), babysitting bureaus, bartering services, buyer's clubs, clothing and costume rental excluding industrial laundering and linen supply, vending machine operators, dating service, debt and diet counseling, hair replacement or removal, tanning salon, shopping services for individuals, locksmith, and other similar personal services (7299).
24.
Advertising, credit reporting, reproduction, computer programming, data processing, building services, and similar business services (73).
25.
Engineering, surveying, architectural, accounting, auditing, bookkeeping, research and development, management, public relations and similar services (87).
26.
Legal services (8111).
27.
Medical and dental offices (801, 802, 803, 804).
28.
Municipal use.
29.
Miscellaneous repair (762-764).
30.
Dance studios (791).
31.
Optical goods stores (5995)
32.
Commercial printing (275).
33.
Farmer's market.
34.
Commercial agriculture.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
2.
Outdoor display.
3.
Off-street parking.
6.
Storage and maintenance buildings.
7.
Solar facilities.
8.
Shelters and fenced enclosures for the keeping of animals on residential lots.
9.
Community gardening.
10.
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.
11.
Any use which is customary and incidental to the principal use.
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Conversion of single family detached or two-family dwelling to a bank, credit union, savings and loan association, or other retail financial service; or, office use meeting the following criteria:
2.
Bank, credit union, savings and loan association, or other retail financial service meeting the following criteria:
3.
Cannabis Cultivator and Medical Cannabis Cultivator meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Cultivator 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 Cultivators shall comply with the Recreational Cannabis Act and all regulations promulgated by the New Jersey Cannabis Regulatory Commission. Medical Cannabis Cultivators shall comply with the CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only one Cannabis Cultivator shall be permitted to locate within the Community Business District. However, in no event shall more than two Cannabis Cultivators be permitted to locate within the Borough. This limitation is inclusive of Medical Cannabis Cultivators.
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.
No Cannabis Cultivator or Medical Cannabis Cultivator shall be permitted to operate within 200 feet of any exclusively single-family residential zoning district of the Borough (i.e. the Single Family Residential (SF) District, Transition Residential (TR) District, or Townhouse Residential (TR) District) or an exclusively single-family residential zoning district of any adjacent municipality.
f.
Primary access shall be from a State or County roadway.
4.
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.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all CB 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. Imperv. Surface Ratio | Floor Area Ratio |
|---|---|---|---|---|---|---|---|---|---|
Single Family Detached | 4,000 sf | 40' | 90' | 25' | 8' | 25' | 35'(1) | .60 | N/A |
Accessory Building(3) | NP | 5' | 5' | 18' | |||||
Two Family Dwelling | 2,500 sf/ dwelling | 75' | 90' | 25' | 7'(2) | 25' | 35'(1) | .70 | N/A |
Accessory Building(3) | NP | 5' | 5' | 18' | |||||
Commercial Use | 4,000 sf | 40' | 100' | 25' | 10'(2) | 30' | 35'(1) | .75 | .20 |
Accessory Building(3) | NP | 15' | 30' | 18' | |||||
Municipal | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 35' | .75 | .25 |
NP = Not Permitted. |
(1) – Or 2 1/2 stories, whichever is less. |
(2) – Minimum side yard shall increase to 15 feet where adjacent to a residential use. |
(3) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. [Ord. 2012-01] |
F.
Additional Regulations for Commercial Uses.
1.
Maximum building size shall not exceed 5,000 square feet or 3,000 square feet on any one level. An existing building shall not be demolished in order to utilize this provision.
2.
Outdoor Display. Outdoor displays shall conform to the following requirements:
a.
All displays shall allow at least 8 feet of passage between the display and the curb.
b.
All displays shall allow at least 6 feet of unobstructed access to building entrances and exits.
c.
No display shall be located in front of any driveway, parking lot entrance, alley, or other vehicular thoroughfare nor impede adequate sight distance for motorists.
d.
Displays may only be located adjacent to or in front of the building in which the business displaying wares is located.
e.
Displays shall not extend more than 4 feet from the facade of the building.
f.
The only merchandise which may be displayed is the merchandise sold by the business.
g.
No display may exceed 6 feet in height.
h.
Displays shall be maintained in an orderly fashion and shall not create a hazard.
i.
Displays may only be shown during daylight hours and when the business is otherwise open to the public.
j.
The location of each display area shall first be reviewed and approved by the Zoning Officer for conformance with the provisions of this section. Upon satisfactory review, a zoning permit or other suitable document shall be issued by the Zoning Officer for the display area.
k.
Nothing herein shall be construed to authorize outdoor displays for uses prohibited by the landowner or by this Ordinance or other rule or regulation.