Flemington City Zoning Code
§ 2623
VILLAGE ARTISAN SHOPPING VAS DISTRICT.
[Ord. No. 2011-10; Ord. No. 2011-17; Ord. No. 2012-01; Ord. No. 2012-15; Ord. No. 2014-5; Ord. No. 2018-8; Ord. No. 2020-7; Ord. No. 2021-14; Ord. No. 2022-3; Ord. No. 2023-04; amended 9-11-2023 by Ord. No. 2023-24; 10-14-2025 by Ord. No. 2025-21]
A.
Purpose. The purpose of the Village Artisan Shopping (VAS) District is to include destination-oriented retail and art-oriented uses that are not found in or that complement the Borough's downtown, including artisan manufacturing, entertainment uses, and farmer's markets. This district is primarily oriented towards Stangl Road, Fulper Road, and Central Station, and is designed to encourage walking from store to store once the destination has been reached. It contrasts with the more historic character of the Downtown Business district and the more highway oriented shopping in the Highway Retail zone
B.
Permitted principal uses. In the Village Artisan Shopping 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.
Indoor/Outdoor recreation.
3.
Childcare.
4.
Higher education and training.
5.
Artisan manufacturing.
6.
Artisan studios.
7.
Farmer's market.
8.
Municipal use.
9.
Commercial agriculture.
10.
Theater.
11.
Retail services.
12.
Restaurants.
13.
Breweries.
14.
Museums.
15.
Learning centers.
16.
Health and fitness facilities on second and upper stories.
17.
Office and medical office on second and upper stories.
18.
Banquet hall.
19.
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.
Outdoor Display.
3.
Off-street parking.
4.
Fences and Walls.
6.
Storage and maintenance buildings.
7.
Kiosks.
8.
Solar facilities.
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.
Health and fitness facilities, office and medical office located on the first floor.
a.
Lot frontage shall be along and vehicle access shall be provided from Route 12, or the portion of the first floor of the building in which the use is located does not face a public or private street with the exception that it may include an entrance and associated area that does not exceed eight feet in width.
b.
Properties shall front on Route 12 with direct access to the State highway or the use shall only be located on the upper stories, with the exception of the building entrance.
c.
Corporate offices may be permitted only if they constitute at least 7,500 square feet of an existing building.
d.
Corporate offices include companies who are engaged in business, service, education, industry or finance, including professions such as accounting, law or medicine or related fields. Such offices may include ancillary services for office workers such as a restaurant, coffee shop or newspaper stand.
e.
Floor area ratio shall not exceed 0.25.
f.
Minimum lot area shall be 40,000 square feet.
2.
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.
3.
Residential dwellings, including live-work units.
a.
Residential units (or living space in the case of live-work units) that face a public street shall be located on the upper stories, with the exception of the building entrance.
b.
Residential units (or living space in the case of live-work units) that do not face a public street may be located on the first floor.
E.
Area, yard, height and building coverage. Except as otherwise modified, the following bulk standards shall apply to the VAS District.
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. Impervious Surface Ratio |
|---|---|---|---|---|---|---|---|---|
Non-Municipal Use | 0.75 acre | 100' | 200' | Min: 35'(3) Max: 40' | 15' | 50' | 40' (1) | 0.82 |
Accessory building (2) | NP | 15' | 30' | 18' | ||||
Municipal use | 2,000 | 20' | 50' | 5' | 5' | 5' | 40(1) | 0.82 |
NP = Not Permitted. |
(1) - Not more than 30% of the rooflines on the property shall be more than two stories. |
(2) - Properties must also meet standards for particular accessory buildings, structures and uses, including but not limited to solar facilities, in Chapter 26. |
(3) - The front yard depth may be reduced to the average of the setbacks from the street line 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. |
F.
Outdoor storage and display. All equipment stored on the site shall be placed within an enclosed building.
1.
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 five feet of passage between the display and the curb.
c.
All displays shall allow at least six 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 four 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 six 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.
2.
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.
G.
Additional standards.
1.
Building entrances shall be oriented toward the street. On corner properties the building entrance shall be oriented on the site's primary frontage.
2.
Parking shall not be located between the building and the street, except for parking existing as of the date of this ordinance on Stangl Road.
3.
Architectural detail and variety for new development is strongly encouraged. This may include but not be limited to a variety in rooflines, materials, and finishes. Architectural elements should be contextual, relating to the character of the area and the overall historic character of the Borough.
H.
Incentives for gathering spaces.