Flemington City Zoning Code
§ 2621
DOWNTOWN II BUSINESS DBII DISTRICT.
[Amended Ord. No. 2012-01; Ord. No. 2012-15; Ord. No. 2014-7; Ord. No. 2015-19 § 24-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04; 10-14-2025 by Ord. No. 2025-21]
A.
The purpose of the Downtown Business II (DBII) District is to provide a mixed-use and inviting district that acts as a transitional area between the more active areas of the historic downtown commercial core found in DB District and the arts and culture-oriented environment found in the VAS District, as well as residential neighborhoods. The DB II District runs along Mine and Church Streets and is characterized by larger front and side yard setbacks, and more residential dwellings than the DB District, creating a seamless land use transition to lower density areas in the Borough.
B.
Permitted Principal Uses. In the Downtown Business II 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.
Retail Sales.
2.
Retail services.
3.
Artisan studios.
4.
Health and fitness facilities.
5.
Higher education and training.
6.
Learning center.
7.
Museums.
8.
Apartment(s) on second and upper floors of principal structures.
9.
Offices.
10.
Medical offices.
12.
Municipal Uses.
13.
Any combination of one or more permitted, conditional, or accessory uses. This shall exclude single- family detached homes from being combined with other permitted or conditional uses.
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.
Community gardening.
9.
Uses which are customary and incidental to the principal permitted use(s) on the property.
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.
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Bed and breakfast accommodation conforming to the following criteria:
a.
No more than 6 guest rooms or suites shall be permitted.
b.
No expansion of the existing dwelling shall be permitted.
c.
Off-street parking equal to one for each guest room or suite shall be required. Off-street parking may be accommodated off-site provided that the location is within 600 feet of the subject site and an adequate guaranty subject to the approval of the Board Attorney that establishes a right to the use of the off-tract parking is secured.
d.
No parking shall be permitted in the front yard.
e.
Only guests of the facility and their invitees shall be served food and drink on the premises.
f.
No cooking facilities shall be permitted in guest rooms or suites.
g.
There shall be a maximum residency limitation on all guests of 30 days.
2.
Public and private nonprofit day school meeting the following criteria:
a.
The minimum lot size shall be 3 acres.
b.
The minimum lot frontage shall be 150 feet.
c.
No building shall be located within 50 feet of a lot line.
d.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
e.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and entrances.
3.
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.
4.
Any other area, yard, height, and building coverage requirement not herein modified shall apply to any conditional use. Restaurants, breweries, indoor recreation, and artisan manufacturing:
a.
The lot in which the use is located shall not be adjacent to a single family or two-family lot in the SF Single Family or TR Transition Residential Districts. This shall not apply to second and upper story apartments or homes located across the street.
5.
Dwellings located on the first floor. [4]
a.
The portion of the first floor of the building in which the use is located does not face a public street with the exception that it may include an entrance and associated area that does not exceed eight feet in width.
[4]
Editor's Note: Former Subsection D5, regarding cannabis retailers, medical cannabis dispensaries, alternative treatment centers and cannabis cultivators, was repealed 3-13-2023 by Ord. No. 2023-04. Prior history includes Ord. No. 2021-14.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all DB II Districts:
Principal Use and Accessory Buildings | Min. Lot Area | Min. Lot Width | Min. Lot Depth | Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio |
|---|---|---|---|---|---|---|---|---|
Non-Municipal Use | 7,000 sf | 45' | 100' | Min: 25'(1) Max: 30' | 0' | 50' | 40'(2) | .75 |
Accessory Buildings(3) | NP | 15' | 30' | 18' | ||||
Municipal | 2,000 sf | 20' | 50' | 5' | 5' | 5' | 45' | .8 |
NP = Not Permitted. |
(1) – The front yard depth may be reduced to the average of the setbacks from the streetline of existing buildings on both sides of the subject building. In the event an adjacent lot is vacant, the calculation shall exclude the lot. The calculation of average setback shall utilize buildings on the same side of the street as the subject property, and shall utilize buildings on the same block that are within 200 feet of the subject property. |
(2) – Or 3 stories, whichever is less. |
(3) – Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
F.
Additional Regulations for Retail and Service Uses.
1.
All equipment stored on the site shall be placed within an enclosed building. This shall not apply to mechanical equipment or building system equipment.
3.
Outdoor Display. Outdoor displays shall conform to the following requirements:
a.
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.
b.
All displays shall allow at least 5 feet of passage between the display and the curb.
c.
All displays shall allow at least 6 feet of unobstructed access to building entrances and exits.
d.
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.
e.
Displays may only be located adjacent to or in front of the building in which the business displaying wares is located.
f.
Displays shall not extend more than 4 feet from the facade of the building.
g.
The only merchandise which may be displayed is the merchandise sold by the business.
h.
No display may exceed 6 feet in height.
i.
Displays shall be maintained in an orderly fashion and shall not create a hazard.
j.
Displays may only be shown during daylight hours and when the business is otherwise open to the public.
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.
4.
There shall be no retail sales activities open to the public for the purpose of selling any goods or services in any basement, cellar, or attic, provided that nothing in this section shall be construed to prohibit the use of such areas for storage or the basement or cellar for public restrooms.
5.
There shall be no drive-in or drive-thru facilities allowed for any purpose.