Flemington City Zoning Code
§ 2624
HIGHWAY RETAIL HR DISTRICT.
[Ord. No. 2012-01; amended 7-12-2021 by Ord. No. 2021-14; 4-11-2022 by Ord. No. 2022-3; 3-13-2023 by Ord. No. 2023-04; 4-14-2025 by Ord. No. 2025-09; 10-14-2025 by Ord. No. 2025-21]
A.
Purpose. The purpose of the Highway Retail (HR) District is to encompass existing highway oriented retail development concentrated around Rt. 31 and Rt. 202. This district contrasts with the more pedestrian- and destination-oriented shopping of the Downtown Business and Village Shopping Zones. The district is also intended to include more intensive office uses than permitted by the Professional Office Zone.
B.
Permitted Principal Uses. In the Highway Retail 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.
Plumbing, heating and air conditioning contracting (1711), however, no outside storage is permitted.
2.
Paint, glass and wallpaper sales and service (523).
3.
Hardware store (525).
4.
Lawn and garden center (5261).
5.
Department stores (531).
6.
Variety store (533).
7.
General merchandise store (539).
8.
Grocery (541) and convenience (5411) stores.
9.
Meat and fish markets, including frozen food purveyors (542).
10.
Fruit and vegetable market (543).
11.
Candy, nut and confectionery store (544).
12.
Dairy products sales (545).
13.
Retail bakery (546).
14.
Other food stores (549).
15.
New car and automotive dealers (55), including sales of parts related to motor vehicles.
16.
Motor vehicle supplies and new parts (5013).
17.
Apparel and accessories store (56).
18.
Furniture and accessories store (57).
19.
Restaurants (581).
20.
Drug and proprietary stores (591).
21.
Liquor stores (592)
22.
Second hand shops (593).
23.
Jewelry, hobby, camera, gift, luggage, leather, dry goods, sewing, and similar shops (594).
24.
Opticians and optical goods (5995).
25.
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).
26.
Offices for finance, insurance, and real estate services (60-65, 67).
27.
Dry cleaners and coin-operated laundry services (7219).
28.
Photographic and portrait studio (7221).
29.
Beauty (7231) and barber (7241) shops.
30.
Shoe repair and shoeshine services (7251).
31.
Funeral home and crematorium (7261).
32.
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).
33.
Advertising, credit reporting, reproduction, computer programming, data processing, building services, and similar business services (73).
34.
Engineering, surveying, architectural, accounting, auditing, bookkeeping, research and development, management, public relations and similar services (87).
35.
Legal services (8111).
36.
Repair of appliances, electronic equipment, watches and jewelry, furniture and upholstery, antiques including automobiles, optical goods, cameras, precision instruments, leather goods including luggage and tack, musical instruments including tuning, office equipment and similar repair services but not to include automobile repair (7699).
37.
Bowling alleys (793)
38.
Physical fitness centers (7991).
39.
Medical and dental offices (801, 802, 803, 804).
40.
Shopping centers incorporating any preceding use.
41.
Municipal use.
42.
Painting and paper hanging (172).
43.
Electrical work (173).
44.
Garment pressing & agents (7212).
45.
Coin operated laundries, etc. (7215).
46.
Miscellaneous repair (75).
47.
Dance studios (791).
48.
General contractors (15).
49.
Optical goods stores (5995).
50.
Senior citizens.
51.
Farmer's market.
52.
Commercial agriculture.
53.
Brewery.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
1.
Off-street parking.
2.
Drive-thru and drive-in facilities.
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.
9.
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.
Service stations (5541) conforming to the following criteria:
a.
Service stations shall be permitted only 2 entrances and exits on one street frontage and 3 per lot.
b.
All equipment, work pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building or roofed structure.
c.
Fuel pumps and air pumps shall be no closer than 25 feet to any existing or future street line and 50 feet from a rear property line. Fuel pumps shall not be located closer than 25 feet from a side property line.
d.
All lubrication, repair or similar activities shall be performed in a fully enclosed building and no dismantled parts shall be displayed outside of an enclosed building.
e.
No junked motor vehicle or part thereof, or such vehicles incapable of normal operation upon the highway, shall be permitted on the premises of the repair garage, except as noted herein. A maximum of 11 vehicles shall be permitted to await repair or disposition at the repair garage, with no more than 3 inoperable vehicles permitted in an enclosed building and no more than 8 inoperable vehicles permitted outside the building. If more than 8 such vehicles on the property are awaiting repairs, they shall be enclosed in a fenced area, screened from view from adjacent properties and public streets.
f.
In addition to landscaping that is otherwise required pursuant to the provisions of this Ordinance, a minimum of 25 percent of the front yard shall consist of landscape screening of the building and front yard parking.
g.
No exterior display of motor vehicles, recreational vehicles, boats, other forms of transportation, or equipment for sale shall be permitted.
2.
Hotels and motels (701) subject to the following criteria:
a.
Any such use shall contain a minimum of at least 20 units of accommodation not including any on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.
b.
Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of 8 feet in height.
c.
There shall be a residency limitation on all guests of 30 days maximum. The residency limitation shall not apply to an employee living on the premises.
4.
Communication towers (4812) subject to the following criteria:
a.
The applicant shall first demonstrate that no other existing tower or structure may be used for the subject application. Such demonstration may include but not be limited to expert reports and responses to bona fide inquiries to existing tower owners concerning the availability of space.
b.
The height of the tower shall be the lowest feasible for the intended purpose.
c.
The free-standing tower shall be set back from any property line a minimum of 110 percent of the tower's height.
d.
Towers shall be of monopole construction if less than 250 feet in height.
e.
Any communications tower shall comply with the promulgated radiation emissions standards of the Federal Communications Commission.
f.
A landscape buffer visually impervious after 5 years of maturity shall be installed to screen the base of the tower, equipment building and parking. The minimum height of buffer materials shall be 6 feet at the time of installation.
g.
At least 2 and no more than 5 parking spaces for maintenance use shall be provided.
h.
Accessory buildings for communications/electronic equipment not exceeding 1,000 square feet in area nor one-story or 15 feet in height, whichever is less, shall be permitted.
i.
Any approval shall be so conditioned as to allow additional communications operators to lease space on the subject tower.
j.
To the extent feasible, communications towers shall be painted or disguised to minimize contrast with the natural environment.
k.
Notwithstanding any other provision to the contrary, no communications tower shall be located in an historic district as designated in the Historic Preservation Element of the Master Plan.
5.
All other parts of this Ordinance not modified herein shall apply.
6.
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, Medical Cannabis Dispensary or Alternative Treatment Center 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 Cannabis Dispensaries and Alternative Treatment Centers shall comply with the CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only two Cannabis Retailers shall be permitted to locate within the Highway Retail District. However, in no event shall more than two Cannabis Retailers be permitted to locate within the Borough. This limitation shall be inclusive of Medical Cannabis Dispensaries and 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.
Cannabis Consumption Areas shall be permitted subject to the following conditions:
(1)
No Cannabis Retailer shall be permitted to operate a Consumption Area 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.
(2)
If cannabis will be consumed by smoking or vaping, the Cannabis Retailer must comply with the New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-55 et seq.) and associated regulations (N.J.A.C. 8:6-1.1 et seq.).
(3)
Only cannabis items purchased on-site at the Cannabis Retailer shall be consumed within the Consumption Area.
(4)
The Cannabis Retailer must possess a valid Consumption Area endorsement from the State of New Jersey pursuant to the Recreational Cannabis Act.
(5)
Each licensed Cannabis Retailer may operate only one Cannabis Consumption Area.
(6)
The Cannabis Consumption Area shall comply with the definition set forth in § 2601.1 and be either (a) an indoor, structurally enclosed area of the licensed Cannabis Retailer that is separate from the area in which retail sales of cannabis items occur or (b) an exterior structure on the same premises as the retailer, either separate from or connected to the retailer.
g.
Drive thru facilities are not permitted.
h.
Primary access shall be from a State or County roadway.
7.
Cannabis Cultivator and Medical Cannabis Cultivator meeting the following criteria:
a.
No certificate of occupancy or other business license for a Cannabis Cultivator or Medical 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 CUMA and all regulations promulgated by the New Jersey Cannabis Regulatory Commission.
c.
Only one Cannabis Cultivator shall be permitted to locate within the Highway Retail District. However, in no event shall more than two Cannabis Cultivators be permitted to locate within the Borough. This limitation shall be 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.
8.
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 HR 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 |
|---|---|---|---|---|---|---|---|---|---|
Retail and Service Uses | 65,000 sf | 150' | 200' | 35' | 25' | 50' | 35'(1) | .70 | .20 |
Accessory Building(5) | NP | 15' | 30' | 18' | |||||
Office | 30,000 sf | 100' | 200' | 35' | 25' | 35' | 35'(2) | .70 | .25 |
Accessory Building(5) | NP | 15' | 30' | 18' | |||||
Hotel and Motel | 2 acres | 200' | 200' | 50' | 35' | 50' | 35'(3) | .60 | .22 |
Shopping Center | 3 acres | 300' | 200' | 75' | 50' | 50' | 25'(1) | .70 | .20 |
Accessory Building(5) | NP | 25' | 30' | 18' | |||||
Senior Citizen Housing | 2 acres | 200' | 200' | 35' | 25' | 50' | 48'(4) | .70 | NA |
NP = Not Permitted. |
(1) – Or 2 stories, whichever is less. |
(2) – Or 2 1/2 stories, whichever is less. |
(3) – The height may be increased to 45 feet or 4 stories, whichever is less, when the building is greater than 200 feet from a residential district. |
(4) – Or 3 stories, not to exceed 3 stories. |
(5) – 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.
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.
3.
Minimum buffer with residential uses or zones is 75 feet.