Flemington City Zoning Code
§ 2626
SUPER SHOPPING SS OVERLAY DISTRICT.
[Amended Ord. No. 2012-01; 10-14-2025 by Ord. No. 2025-21]
A.
Purpose. The purpose of the Super Shopping (SS) Overlay District is to provide for the redevelopment of a portion of the Highway Retail Zone that is characterized by small lots or abandoned and vacant land. The overlay district provides an optional set of development regulations that permits an added intensity of development as an incentive to assemble substandard lots.
B.
Permitted Principal Uses. In the Super Shopping Overlay Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except for a shopping center incorporating any permitted use in the Highway Retail District.
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.
Private garages for commercial vehicles used in conjunction with the principal use.
4.
Fences and walls.
6.
Storage and maintenance buildings.
7.
Solar facilities.
8.
Community gardening.
9.
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.
10.
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.
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.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all SS 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 |
|---|---|---|---|---|---|---|---|---|---|
Shopping Center: | |||||||||
Tract | 15 acres | 500' | 500' | 150' | 50' | 25' | 32'(1) | .75 | .22 |
Lot(2) | 1 1/2 acres | 100' | 200' | 75 | N/A | 50 | 30'(3) | ||
Accessory Building (6) | NP | 25' | 30' | 18' | |||||
Hotel and Motel | 2 acres | 200' | 200' | 50' | 35' | 50' | 45'(4) | .60 | .25 |
NP = Not Permitted. |
(1) – Or 3 stories, whichever is less, however, the maximum height for 33 percent of the front facade may be 36' if used to accommodate a front elevation with a pediment or similar structure. |
(2) – These regulations only pertain to lots within the overall tract area and is intended for use with pad sites approved as part of the shopping center plan. |
(3) – Or 1 1/2 stories, whichever is less |
(4) – Or 4 stories, whichever is less. |
(5) – Roof mounted appurtenances such as heating and air conditioners (HVAC), communications antennae and other equipment shall be concealed by a parapet wall from surrounding land uses. The parapet wall cannot exceed the allowable height. |
(6) – 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.