Laurel Springs City Zoning Code
ARTICLE VI
BC Business Commercial Zone
§ 270-29 Purpose; permitted uses.
A.
The purpose of this zone is to provide for business, commercial and office uses. Within this zone, no lot or building shall be used, and no building shall be erected or altered to be used, in whole or in part, unless it complies with the regulations set forth herein.
B.
The following retail and service uses and those uses which are similar to the enumerated permitted uses shall be permitted In this district:
(1)
Antique shops, provided that there is no display of merchandise outside the building
(2)
Auto sales and rental establishments (new or used).
(3)
Automobile storage facilities.
(4)
Bakery or confectionary shops for retail sales on the same premises.
(5)
Banks, savings and loan associations, credit unions and other fiduciary institutions; drive-up facilities may be permitted provided such facilities do not adversely impede or conflict with the safe traffic flow required by the principal use on or off the site.
(6)
Bookstores and stationery stores.
(7)
Buildings and structures owned and operated by the Borough of Laurel Springs for municipal purposes.
(8)
Car washes.
(9)
Clothing stores, gift shops and sporting goods stores.
(10)
Dance, art and music lesson studios.
(11)
Fitness, exercise and martial arts training studios.
(12)
Gasoline service stations.
(13)
Interior decorating establishments.
(14)
Jewelry and jewelry repair stores.
(15)
Job printing.
(16)
Medical service uses, including, but not limited to doctors, chiropractors, dentists, pharmacies.
(17)
Musical instrument stores or studios, including retail sale of recordings.
(18)
Office buildings, office complexes and professional offices.
(19)
Offices and shops of an artisan, such as a carpenter, electrician and plumber, provided that all facilities and supplies are in a completely enclosed building and all shop work is performed therein.
(20)
Offices for professional services, such as physicians, lawyers, architects or engineers.
(21)
Personal service shops, such as beauty salons, barber shops, tailor and dressmaking shops, retail dry cleaning, laundry and shoe repair shops.
(22)
Photographer and artist studios.
(23)
Picture framing shops.
(24)
Public parks, playgrounds and gardens, and greenhouses not larger than 240 square feet and outdoor storage buildings not exceeding 120 square feet.
(25)
Repair, sale and servicing of radio, television, and other home appliances.
(26)
Repair, sale and servicing shops for typewriters, computers and other office equipment.
(27)
Restaurants, excluding fast food, drive-ins and curb service establishments.
(28)
Small commercial offices such as realtors, insurance or travel agencies.
(29)
Small governmental offices, including post office branch or social security offices, and offices incidental to uses permitted in this section.
(30)
Sales offices, including the office of a manufacturer's representative or catalog-ordering establishment.
(31)
Supermarkets, grocery stores, meat markets, delicatessens, fish markets, hardware stores.
(32)
Tattoo parlors.
(33)
Travel bureaus.
(34)
Veteran, fraternal and lodge organizations.
(35)
Video rental and retail sales
§ 270-30 Accessory uses.
The following accessory uses shall be permitted in the Business Commercial Zone:
A.
Fences and walls (See § 270-55).
B.
Signs (See § 270-59).
C.
Parking lots incident to the primary use and provided that the use will not increase traffic congestion in the streets abutting the property.
D.
Public utility institutions, subject to the following special requirements:
(1)
There shall be no storage of materials and trucks and no repair facilities or staging of repair crews except within completely enclosed buildings.
(2)
The exterior of any structure shall be in keeping with the other structures in the immediate neighborhood.
§ 270-31 Conditional uses.
[Amended 2-13-2023 by Ord. No. 873-2023; 3-25-2024 by Ord. No. 884-2024; 7-8-2024 by Ord. No. 887-2024]
A.
Any use listed as a conditional use may be permitted by the Board, but only after the Board has determined that the development proposal complies with the conditions and standards set forth in this chapter for the location and operation of such use.
B.
All proposed structures, equipment or material shall be readily accessible for fire and police protection.
C.
The proposed use shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area and in which it is proposed to be situated, and shall not materially affect property values of the adjacent lands and buildings.
D.
The following conditional uses shall be permitted in this zone, subject to application and approval by the Board, and compliance with the standards set forth herein:
(1)
Public day schools of elementary and/or high school grade licensed by the State of New Jersey.
(2)
Microbreweries, craft and limited breweries, craft distilleries and limited distilleries (subject to Federal and State licensing, rules and regulations).
(3)
Cannabis.
(a)
Cannabis retail establishments, referred to as Class 5 business facilities ("authorized recreational marijuana facility") involving the sale of marijuana and related paraphernalia for recreational purposes to the general public, and cannabis delivery services, providing for courier services for consumer purchases that are fulfilled by a licensed cannabis retailer, referred to as Class 6 businesses, in the New Jersey Cannabis Regulatory Enforcement Assistance and Marketplace Modernization Act (the "Act"), P.L. 2021, c. 16, N.J.S.A. 24:6I-31, subject to the following requirements and limitations:
[1]
An authorized recreational marijuana facility shall be permitted only in the White Horse Pike Corridor Redevelopment District.
[2]
No authorized recreational marijuana facility shall be located within 200 feet of any public or non-public school, licensed child-care facility or which is owned or leased by any public or non-public school, licensed childcare facility, as measured in a straight line from the nearest two points of the property lines.
[3]
(Reserved)
[4]
No authorized recreational marijuana facility shall be located within 200 feet of another similar facility.
[5]
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
[6]
A site plan application has been made for the lot, and the Board has approved such conditional use, and the requirements and conditions of the site plan/conditional use have been met.
[7]
The proposed facility shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area in which it is proposed to be situated, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor, light, and sanitation).
[8]
In addition to the above:
[a]
The location, size, activity, site layout, street access, pedestrian and vehicular movement and possible assembly of people shall be harmonious with surrounding land uses.
[b]
The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values in the adjacent properties.
[9]
Hours of operation shall be restricted to 9:00 a.m. to 10:00 p.m.
[10]
Use or consumption of marijuana is permitted on the premises of an authorized recreational marijuana retail facility only if it is used or consumed indoors and only if the product is purchased at that retail facility. No outside purchases may be consumed on the premises. In addition, any facility which permits on-site smoking must be equipped with a suitable smoke ventilation system.
[11]
Persons under the age of 21 years of age are not permitted to be on the premises of any authorized recreational marijuana retail facility at any time.
[12]
Advertisements, displays of merchandise, signs, or any other exhibit depicting the activities of the facility placed within the interior of the building or premises shall be arranged or screened to prevent public viewing from outside the building or premises.
[13]
Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a retail facility, including but not limited to prerecorded or live music or sounds, are prohibited.
[14]
Any operation allowed hereunder shall install a video monitoring system which will capture images in real time of the entire interior of the facility (excluding bathrooms and private offices not open to the public) as well as the entire parking lot of the operation. Video files shall be maintained for at least 60 days and any applicant will be required to provide the Laurel Springs Police Department with copies of any files.
[15]
Limitation of licenses. The Borough of Laurel Springs will only issue a total of two licenses for Class 5 business facilities (authorized recreation marijuana facility) and two licenses for Class 6 business (authorized cannabis delivery services).
(b)
Local cannabis taxation.
[1]
Transfer tax. A tax in the amount of 2% is hereby imposed on all receipts from the sale of cannabis or cannabis items from one cannabis establishment to another cannabis establishment and on all receipts from the retail sales by a cannabis retailer to retail customers who are 21 years of age or older.
[2]
Users tax. A tax in the amount of 2% is hereby imposed on any concurrent license holder operating more than one cannabis establishment. The user tax shall be imposed on the value of each transfer or use of cannabis items not otherwise subject to transfer tax imposed pursuant to Subsection C(3)(b)[1] above from the license holder's establishment that is located in the municipality to any other license holder's establishments, whether located in the municipality or another municipality.
(c)
Cannabis application.
[1]
Only persons or entities conditionally licensed by the State of New Jersey to operate as proposed may make application to operate a cannabis business in the Borough of Laurel Springs.
[2]
Any applicant will complete an application supplied by the Borough Clerk and provide with said application a complete copy of any and all submissions made by the applicant to the State of New Jersey and any response from the state, a copy of the license issued by the state, a statement that the applicant has not been charged with any violation by any governmental agency in the last five years, pay an application fee of $2,500, and provide a detailed statement concerning security protocols at applicant's proposed place of business and all other business plans.
[3]
The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the cannabis establishment, which proof may consist of a deed, a lease, a real estate contract contingent upon successful licensing, or a binding letter of intent by the owner of the premises indicating an intent to lease the premises to the entrant contingent upon successful licensing.
[4]
The applicant shall notify all properties within 200 feet of the proposed location with notice of the application. This shall be done through certified USPS.
[5]
The Borough Clerk will supply the applicant's application, security protocols, and any other business documents to the Cannabis Committee consisting of the Mayor or his or her appointed liaison, the Business Administrator, and the Chief of Police to be reviewed. The governing body resolution of local support will not be voted on by the Laurel Springs Borough Council until such time as the committee has completed their review. This review must be completed within 20 days.
[6]
Upon completion of the review by the Cannabis Committee, the Laurel Springs Borough Council will vote on a governing body resolution of local support within 35 days of receipt of Committee review. If the applicant is awarded a governing body resolution of local support by the Laurel Spring Borough Council, the applicant has 12 months to finalize all zoning applications for the location that was approved. No other governing body resolution of local support can be issued to a location within 200 feet of this location during this time. If the 12-month time frame expires, the applicant must restart the application process including the requirement for a governing body resolution of local support.
[7]
The local licenses shall be renewed annually at the anniversary of the issuance of the initial local license, which renewal will require a statement that there is nothing changed from the initial application or if there are changes, a detailed statement of those changes. The fee for renewal of the license shall be set forth in the Annual Fee Ordinance.
[8]
Any change in ownership of any business operation shall require a new application.
[9]
Any applicant is required to disclose the name and address of any individual who owns 10% or more of any licensed entity.
(d)
Enforcement of this chapter is granted to any sworn law enforcement officer, the Laurel Spring Zoning Officer and/or the Laurel Springs Borough Fire Marshal.
(4)
General manufacturing and industrial use.
(5)
Charging stations for the charging of plug-in electric and/or hybrid motor vehicles.
(6)
Apartments and Townhouses, subject to the conditions, priorities, design standards and requirements set forth herein.
(a)
Lot area, width and yard requirements applicable to apartments and townhouses are as follows:
[1]
Lot area per family. Where lot size falls between even categories, the square footage of lot area per family shall be interpolated on the basis of the following standard:
Minimum Lot Size (square feet) | Lot Area/Family (square feet) |
|---|---|
10,000 | 1,300 |
15,000 | 1,200 |
20,000 | 1,100 |
Above 20,000 | 1,000 |
[2]
Lot width. No apartment house shall be built on a lot less than 100 feet in width.
[3]
Lot coverage. The maximum percent of the lot area which may be covered by a building to be used as an apartment house shall be as follows:
Lot Area (square feet) | Coverage |
|---|---|
10,000 | 30% |
15,000 | 35% |
20,000 and above | 40% |
(b)
All apartment houses shall provide for off-street parking to the extent of 1 1/2 spaces per dwelling unit; a parking space shall consist of an area not less than 10 feet in width and 20 feet in depth.
(c)
Habitable rooms in townhouse or multifamily structures shall be provided with window space at least equal to 10% of room floor area, at least half of which shall be movable sash. "Habitable rooms" are other than kitchens, bathrooms, closets and utility rooms. Each dwelling shall be provided with kitchen and bathroom facilities, including kitchen sink appliances for the disposal of garbage.
(d)
Townhouses or multifamily structures shall be separated from each other by at least the following:
[1]
If two facing walls provide window spaces to habitable rooms, such walls shall be at least 75 feet apart. If only one provides window space, they shall be at least 50 feet apart. If neither facing wall provides such window space, they shall be separated by at least 25 feet.
[2]
The minimum distance between corners of separate buildings shall be at least 25 feet.
(e)
Townhouse or multifamily structures shall have a minimum setback of 50 feet from major roads, 25 feet setback from minor roads, and 40 feet setback from side and rear lines.
(f)
Only side walls may be party walls between townhouse dwellings, and no wall to the rear of a townhouse unit shall be a party wall. All party walls shall be masonry fire walls.
(g)
Townhouse units shall have a minimum width of 20 feet unless habitable rooms are located within a dwelling across the width of the unit, in which case the minimum width shall be 24 feet.
(h)
Each unit shall have private access to the outside.
(i)
No more than six dwelling units shall be contained in a single structure, and the maximum horizontal dimension of townhouse structures shall be 144 feet.
(j)
Arrangement of townhouse structures in three or more rows, whether with long or short walls; facing is not permitted.
(k)
Unbroken perimeter lines greater than 80 feet in length will not be approved, and exterior walls collinear with or parallel to fire walls at least five feet long and of full height shall be required to secure offset or variety of exterior surfaces. At least 25% of the perimeter of courts shall be open spaces.
(l)
Use of mansards, gables and variations of color, texture, or ridgeline height or orientation may be required to provide architectural diversity and individuality.
(m)
Exterior walls shall be faced with maintenance-free material other than cinder block or, subject to Board approval, concrete poured in place.
(n)
Drives and accessways shall be designed, laid out and constructed generally in accordance with the requirements of Chapter 233, Subdivision of Land. They shall not serve as aisle or maneuvering space for required parking or loading areas, and they shall not provide access for through traffic to commercial or industrial uses. They shall provide access, if required by the Board, to neighboring undeveloped property.
(o)
Cartway widths shall be at least 12 feet wide for a single lane and 10 feet wide per moving lane where more than one lane of traffic is provided for. Cartways shall be located between planting strips at least 10 feet wide and shall have a minimum centerline radius of 30 feet.
(p)
Paved walkways are required for pedestrian access between buildings and parking areas and recreation areas.
(q)
Vehicular access shall not be located closed than 20 feet to any residential building on the lot and not closer than five feet to any exterior lot line, except at access points.
(r)
Provision of parking space shall be in accordance with the requirements of this chapter and Chapter 157, Land Use Procedures. Parking spaces shall be conveniently located within 50 yards' walking distance from the building entrances they serve.
(s)
All parking areas shall be located entirely within the lot lines of a tract in townhouses or multifamily use, but not within 20 feet of any residential building or within five feet of any exterior lot line. Where feasible, parking lots shall be centrally located or below grade of neighboring residential property. Headlight glare shall be controlled by berms or buffer planting strips.
(t)
Individual parking areas shall generally not exceed 30 cars in capacity, and separate parking areas shall be separated from one another by planting strips at least eight feet wide.
(u)
All dwelling units shall be served by common piped water supply and sewer facilities. All transmission lines, whether pipe or wire, shall be located underground. Utility structures shall be attractively housed or effectively screened. Installation shall be according to the standards of the Borough Engineer or municipal or public utility concern.
(v)
Transmission lines shall be located on restricted areas at least 15 feet wide and reserved against future building and laid out to minimize passage under pavement and buffer planting strips.
(w)
Buffer planting strips at least five feet wide shall be used to screen utility areas from public view and shall be required along side and rear tract lines to assure privacy.
(x)
All buildings shall be provided with convenient screened trash receptacles as part of the architectural treatment of the building.
(y)
Recreational facilities shall be provided as required by Chapter 233, Subdivision of Land, and land set aside for active and passive recreation space or community sewage treatment shall be reserved for such use by dedication to the Borough or by contractual agreement satisfactory to the Borough Solicitor.
§ 270-32 Design standards.
[Amended 6-12-2023 by Ord. No. 875-2023]
Design considerations for every permitted and conditional use in this zone shall be in accordance with the following requirements.
A.
Off-street parking; size and access.
(1)
Each storage bay of an off-street parking space may be perpendicular to the aisle, parallel to the aisle or at any angle between 60° and 90°. The following are minimum stall and aisle dimensions:
(a)
Perpendicular (75° to 90°): Stall width, nine feet; stall depth, 18 feet; aisle width, 24 feet.
(b)
Angle (60° to 74°): Stall width, nine feet; stall depth, 18 feet; aisle width, 20 feet.
(c)
Parallel: Stall width, 20 feet; stall depth, eight feet, aisle width, 12 feet for a single lane, 20 feet for a double lane.
(2)
No area shall be used for parking if it is not large enough to provide for contiguous stalls, unless approval otherwise is obtained from the Board.
(3)
When the parking area is designed for angle parking, the stalls on both sides shall be inclined so as to permit a driver approaching from either end of the aisle to have access to the stall on one side.
(4)
Where parking is provided for more than 36 cars, a main access drive shall be provided from points of ingress and egress. No parking shall be permitted on the main access drive, nor shall it serve as an access aisle to adjacent parking spaces.
(5)
All parking areas shall be paved and clearly marked and shall include barrier lines, lane lines, directional arrows and stop signs.
(6)
Entrances and exit drives shall have a minimum width of 12 feet for those designated for one-way traffic and 20 feet for those carrying two-way traffic.
(7)
All access drives shall provide a minimum turning radius of 30 feet.
B.
Location of parking.
(1)
Off-street parking spaces in residential zones shall not be located between the front building lines and street line, or within five feet of a residential property line, which open space shall be maintained as a buffer or planting strip. On corner lots, the restriction shall apply to the space between the side street and the side building line.
(2)
Where parking is permitted between the front building line and the street line (whether granted by ordinance, special use permit or variance), a safety island or raised median separating the public street from the parking area shall be provided in accordance with the following minimum requirements:
(a)
The width of the safety island shall be that width between the proposed street curbline to a point five feet inside the property line.
(b)
Safety islands shall be raised a minimum of six inches above the adjacent parking area.
(c)
Safety islands within the property line shall be topsoiled and seeded or otherwise landscaped, except that they may, in the alternative, be constructed of maintenance-free materials which provide a clear and unmistakable distinction between the parking area and the safety island.
(d)
Notwithstanding the use of maintenance-free materials, there shall be provided at least one deciduous tree two inches in diameter at breast height every 40 feet, or part thereof, on all safety islands. A greater spacing will be allowed between plantings if necessary, for traffic safety. The area between trees shall be planted with a minimum of three evergreen-type shrubs.
(e)
Where parking spaces front a safety island, a continuous wheel stop shall be provided three feet from the normal edges of the island. The wheel stop shall be placed as above stated, and the stall depth shall be measured from a point two feet outside the face of the curb of the wheel stop.
C.
Design: Small parking areas. Parking lots having 36 or fewer spaces shall be designed to provide the following minimum design requirements:
(1)
A safety island or raised median as herein described.
(2)
A five-foot unbroken landscaped dividing strip along all side property lines with residential property from the street line to the rear lot line.
(3)
Not more than one two-way access drive or two one-way access drives on any one street unless approval otherwise is obtained from the body, agency or official having jurisdiction over the plan.
(4)
All safety islands and landscaped dividing strips shall be planted with at least one deciduous tree with a trunk of two-inch diameter at breast height every 40 feet, or part thereof, and the area between shall be planted with a minimum of three evergreen-type shrubs.
(5)
All entrance and exit drives shall be curbed on both sides.
D.
Design: Large parking areas. Parking lots which have a capacity for parking more than 36 vehicles shall incorporate the following minimum design standards:
(1)
All entrance and exit drives shall be curbed on both sides a minimum distance of 100 feet back from the street curb or to a major collector aisle.
(2)
No parking stalls which shall require the use of the entrance and exit drives as access shall be permitted.
(3)
All access drives located along one-way streets of divided highways shall be separate one-way drives. Said drives shall be located so that vehicles enter the parking area at the beginning of the property and exit at the far end of the property unless other considerations, such as a median opening, dictate otherwise.
(4)
All directional (one-way) drives shall be marked by appropriate signs facing all peripheral service roads serving the property as well as the parking area.
(5)
On lots having a frontage of 100 feet or less, entrance and exit driveways shall be located as far as practical from an intersection. On lots having a frontage in excess of 100 feet, entrance and exit driveways shall be located as near the middle line as practical. However, on such lots the entrance or exit driveways need not be located more than 500 feet from the intersection. Measurements shall be taken for the purpose of locating the driveways from the curbline of the intersection.
(6)
No driveways shall be located less than 10 feet from the side property line or within 30 feet of an existing drive, whichever is greater.
(7)
No property having a frontage of less than 100 feet shall have more than one two-way driveway on one street. No property having a frontage of less than 1,000 feet shall have more than two driveways on one street. Any frontage greater than 1,000 feet may have more than two driveways on one street; however, the number, location, size, and design shall be subject to approval of the body, agency or official having jurisdiction over the plan.
(8)
There shall be provided landscaped safety islands as described aforesaid.
(9)
Any parking area providing space for more than 200 cars shall, in addition, provide concrete sidewalks within the parking area for pedestrian movement. Sidewalks shall be at least four feet wide and shall be located in such a manner as will prevent them from being blocked by overhanging cars. A portion of any landscaped dividing strip may be used for sidewalk construction.
(10)
Parking area landscaping. Every parking lot with 75 or more spaces shall be divided as nearly as possible into smaller lots or 36 spaces separated by landscaped dividing strips, except the area for the access aisle. The plantings required within the parking area shall be considered exclusive from any other plantings that may be required for screening or foundation planting. The following criteria shall apply for internal landscaped dividing strips:
(a)
They shall have a minimum width of eight feet.
(b)
They shall be seeded and topsoiled. The use of maintenance-free material other than topsoil may be permitted if the same provides a safe and attractive alternative.
(c)
They shall be planted with deciduous trees of two-inch diameter at breast height, having a maximum distance between trunks at ground level of 40 feet. All trees shall be planted in the dormant state.
(d)
The area between trees shall be planted with a minimum of three evergreen-type shrubs.
(11)
Maintenance and performance bonds.
(a)
The owner of property covered by the on-site parking provisions of this chapter shall be required to post a performance bond covering the full amount of such improvements as are required herein. The amount of the bond shall be determined by the Borough Engineer and shall be filed with the Borough Clerk prior to site plan or other approval.
(b)
Upon satisfactory completion of the work, said owner shall supply a cash maintenance bond for a period of two years for 15% of the amount of the performance bond. Prior to the expiration of said maintenance bond, the Borough Engineer shall conduct an inspection to ascertain if the required improvements are intact and are in satisfactory condition. In the event that the requirements have not been met, the owner/developer shall be informed as to what further work may be necessary. If after six months the work has not been completed to the satisfaction of the Borough Engineer, then the maintenance bond shall be forfeited.
(12)
Minimum off-street parking spaces are as stipulated in this chapter.
E.
Retaining walls and land banks.
(1)
In the event that parking is proposed on a lot or site having an unstable sandy surface and a slope of more than 5%, regardless of size, it shall be terraced, utilizing retaining walls or properly reinforced landbanks and providing for adequate safety, stability, and drainage. At no time should a land bank that is not reinforced, or any other earthen material having a greater elevation than the adjacent parking areas, have a slope exceeding three feet vertical to five feet horizontal.
(2)
When retaining walls or land banks or similar types of earthen material are necessitated adjacent to or within the parking area, they shall be kept in good repair or otherwise maintained so as to keep the parking area free of debris and dirt.
F.
Other considerations. All uses, including existing uses that are changed, expanded, or modified as to structure or function, shall be bound by the above requirements. In addition, no unrestricted vehicular access shall be permitted between adjacent properties. Vehicular access, if agreed upon by the owners or possessors of adjacent properties, shall be limited to one opening providing two lanes of traffic and shall be located in such a manner so as to offer continuity of a similar access drive from the street line that would facilitate the joining of properties. Access shall be denied across the remainder of the side lines by construction of a landscaped dividing strip five feet in width on the property being developed. If and when the adjacent property is developed, there shall be a similar dividing strip at least five feet wide. All dividing strips shall be landscaped as provided herein.
G.
Refuse areas. Areas adjacent to or within the parking area designated as refuse, storage and pickup areas shall be properly screened to prevent the unsightly display and the scattering of debris. The following minimum requirements shall apply:
(1)
The area shall be surrounded on at least three sides by a solid uniform fence or a wall not less than five feet nor more than eight feet in height and maintained in good condition. The wall of an adjacent building may serve as one side. Said fence shall be exempt from the provisions of any ordinance of this municipality regulating the height of fences and requiring permits therefor.
(2)
The opening in said screening wall or fence shall be so designed as to prevent the visual display of refuse from any adjacent parking area or street.
H.
Screening of equipment or machinery.
(1)
When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating, or generating purposes outside or on top of any structure, it shall be screened from public view. Said screening may consist of any of the following materials:
(a)
Densely planted evergreen shrubs which shall grow to not less than five feet after one growing season.
(b)
A solid and uniform fence at least five feet in height on four sides of said equipment.
(c)
A masonry wall at least five feet in height on four sides of said equipment.
(d)
Any similar type of solid or uniform screening which will prevent exposure to such equipment to public view.
(e)
A masonry wall at least five feet in height on four sides of said equipment.
(f)
Any similar type of solid or uniform screening which will prevent exposure of such equipment to public view.
(2)
The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as possible to prevent any unsightly display of said equipment to the public view.
I.
Miscellaneous.
(1)
Nothing in the above requirements shall be construed to prevent the joint use of off-street parking facilities by two or more uses, provided that the total of such spaces shall not be less than the sum of the requirements for various individual uses computed separately.
(2)
All required parking facilities shall be located on the same lot or parcel as the structure or use it shall serve. In the case of nonresidential uses, parking facilities may be provided on other lots or parcels but shall not be greater than 300 feet from the structure or use it shall serve.
(3)
No off-street parking required by a structure or use shall be included as part of an off-street parking requirement of another use unless substantial proof and assurances are established that the use of this parking will not be simultaneous.
(4)
Where special traffic problems exist, the Board may require a special survey of conditions and require the location of entrances and exits to the parking lot to be altered to minimize congestion and hazard.
J.
Parking schedule. All uses permitted by this chapter within the Borough in any zone shall provide, at a minimum, the number of off-street parking spaces specified in the following schedule:
(1)
For one-family and two-family dwellings, calculation of parking space per dwelling unit shall adhere to the requirements specified in N.J.A.C. 5:21-4.14, Table 4.4, as same may be hereafter amended.
(2)
For private clubs or lodges: one space for every three members, plus one additional space for each two employees of the club or lodge.
(3)
For hospitals, sanatoriums and convalescent homes, one parking space for each three patient beds, plus one additional space for each staff or visiting doctor, plus one space for each two employees, including nurses. Loading and unloading space for hospital ambulances and similar vehicles is not included in the spaces allotted herein.
(4)
For medical and dental clinics: one parking space per doctor engaged at the clinic, plus one additional space for every two employees, plus two additional spaces for each medical examination room or dental chair or combination thereof.
(5)
For mortuaries or funeral parlors: one parking space for each "official" vehicle, plus one space for each family resident of the premises, plus one additional space for each two employees (other than residents of the premises), plus one space for each 30 square feet of floor area in the viewing rooms, slumber rooms, parlors or individual funeral service rooms.
(6)
For churches: one parking space for each four seats, plus one additional space for each church official resident on the premises, plus additional spaces equal in number to at least 50% of the number of permanent employees thereof. Where individual seats are not provided, each 20 inches of benches or other similar seating shall be considered as one seat for the purposes of determining the required number of parking spaces.
(7)
For all schools: one parking space for each two employees, including teachers and administrators, plus off-street space for the safe and convenient loading and unloading of students, plus additional facilities for student parking at the high school level and above, at the ratio of one space for every 50 students.
(8)
For restaurants, nightclubs, tearooms, lunch counters, cannabis lounges and the like: one off-street parking space for each three seats and one off-street parking space for each two employees on the shift of greatest employment.
(9)
For roadside stands, filing stations, repair shops or other roadside service establishments: one parking space for each two employees, plus additional spaces for customers/motorists in the ratio of one space for every 50 linear feet of road frontage.
(10)
For office, professional or public buildings: one parking space for each 250 feet of gross floor area.
(11)
For general business, retail, commercial, and personal service establishments not specifically covered in this section: one space for each 250 feet of gross floor area.
(12)
Mixed uses: The parking facilities required shall be the sum of the requirements for each individual use computed separately in accordance with this parking schedule. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use.
(13)
Change of use/size: Where there is a change in the number of employees, visitors, use or size of any unit, and that change creates a need to increase the required off-street parking as required by this parking schedule, the developer, owner or proprietor of that use shall provide the additional off-street parking facilities within a reasonable period of time, not to exceed six months from the date on which the change generating the need for added parking occurs.
(14)
For any use not listed on this schedule, the developer or owner shall submit an estimate of the parking requirements generated by the use. This estimate shall be prepared by a qualified engineer, traffic expert, planner or architect and shall refer to one or more standards or studies identifying the parking demand for its use. The calculations in this estimate shall be subject to the review and approval of the Borough Engineer.
§ 270-33 Off-street loading area specifications/industrial and commercial uses.
In connection with buildings occupied by industrial, commercial, and certain institutional uses, there shall be provided and maintained on the same lot with such buildings, off-street loading berths in accordance with the following requirements:
A.
Size and location. Each loading space shall be not less than 12 feet in width, 35 feet in length and have a minimum vertical clearance of 14 feet. Where more than two berths are required, the additional berth shall be 50 feet in length. Loading berths shall not be located within 50 feet of a property or street line.
B.
Development and maintenance of parking and loading areas. Every parcel of land hereafter used as a public or private area for five or more cars or loading areas, including a commercial parking lot, shall be developed, and maintained in accordance with the following requirements:
(1)
Screening and landscaping. Off-street parking areas for five or more vehicles and off-street loading areas shall be screened on the side or sides which adjoin residential areas.
(2)
Minimum distances and setbacks. No off-street loading area or parking area or parking for five or more vehicles shall be closer than 10 feet to any dwelling, school, hospital, or other institution for human care located on an adjoining lot or two feet from any lot line.
(3)
Surfacing. Any off-street parking for five or more vehicles, or off-street loading area, shall be bituminous or portland-cement paved. All areas shall be marked so as to provide for the orderly and safe loading, parking, and storage of vehicles.
(4)
Lighting.
(a)
Lighting used to illuminate any off-street parking or loading area shall be arranged so as to reflect the light away from adjoining premises of the adjoining street.
(b)
Off-street parking facilities for multifamily structures containing four or more families shall be adequately lighted.
(5)
Drainage. Any off-street parking area and off-street loading areas shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.
(6)
Paving and curbing. All paving and curbing shall be installed in accordance with specification set forth in Chapter 233, Subdivision of Land.
§ 270-34 General design considerations.
In addition to those specifications set forth above, design considerations for permitted and conditional uses in the business/commercial zone shall include the following:
A.
Parking and service areas.
(1)
Parking shall be screened from adjacent residential properties with grass, shrubs, trees, fences and/or earthen berms to protect residential properties from parking lot illumination and headlight glare, automobile fumes and noise.
(2)
Curbing or curb slope shall be provided in all off-street parking areas and along all accessways.
(3)
Off-street parking areas and accessways thereto shall be properly drained, and all such areas shall have a paved hard surface.
(4)
All off-street parking areas and accessways shall be so arranged that cars and trucks may be turned on the lot so that it is not necessary to back into any roadway. Parking shall only be located in the rear of the property.
(5)
Common or joint driveway access and parking to the rear of sites is encouraged.
(6)
Access driveways onto major thoroughfares shall be permitted only if alternatives, including side or rear access and common or shared single access driveways, have been considered by the Board.
(7)
Where appropriate, impervious parking coverage shall be limited to the extent possible by the use of parking in or under buildings, the elimination of excess paving, grassed landbank parking and the use of permeable surfaces for paving.
(8)
Parking areas shall be designed to minimize pedestrian and moving vehicle conflicts. Pedestrian walkways, parking lot islands, signage and pavement texture differentiation shall be required by the Board, where appropriate, to ensure the safe movement of pedestrians.
(9)
No access shall be permitted to the parking area from within the residential zone.
(10)
Every structure erected, designed, or altered for occupancy by any office use as permitted in this section shall provide, at the rear entrance and access to the building, access and space for the loading and unloading of delivery trucks.
B.
Building design and use.
(1)
The treatment of side and rear walls of any building in terms of building material shall be similar to the treatment of the front facade.
(2)
The display of merchandise or nonpermanent uses and/or activities, e.g., vending machines, placed on the exterior of premises of any building is prohibited.
(3)
All buildings shall have a unified architectural treatment, whether constructed as new or as an additional structure physically and aesthetically integrated with the existing structure. The Board shall consider in its architectural review items such as materials, colors, building setbacks, facade treatments and building height and shall encourage the revitalization of existing structures to ensure compatibility with proposed building additions.
C.
Site design and building layout.
(1)
The site design layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands.
(2)
To promote a desirable visual environment and to ensure a good civic design, the Board in its review shall consider, but not be limited in its consideration of, visual impacts of the proposed development, including views and view interference, shadow effects, noise impacts and design compatibility with surrounding land uses.
D.
General design requirements.
(1)
Any development in this zone which will be used wholly or in part for office purposes shall be designed so as to provide a comprehensive development plan for the entire zone for which it is a part, the goals being to control means of access and to coordinate internal pedestrian and vehicular traffic flow relating to existing development and architectural compatibility.
(2)
Any new facade or change in the facade of an existing building shall be reviewed by the Board for evaluation of architecture, color, and design.
§ 270-35 Prohibited uses.
The following uses are specifically prohibited in the Business Commercial Zone:
A.
Billiard parlors, poolrooms, bowling alleys or commercial amusement establishments.
B.
Welding shops.
C.
Pet shops, kennels or other commercial establishments for breeding or sale of animals.
D.
Display, outside the building, of articles for sale.
E.
Any machinery used incidental to any permitted or conditional use that is powered by other than electric motor power. In no one store or separate establishment shall there be permitted more than 10 horsepower, exclusive of refrigeration and air conditioning. If steam is required, no more than 15 pounds of steam pressure shall be permitted.
F.
Any internal combustion engine or gas generator, unless operated for a particular temporary use or where essential for the emergency use of a public utility.
G.
Heavy-trucking transport.
H.
The storage of furniture, building materials, or solid, liquid, or gaseous fuels or chemicals, unless incidental and subordinate to a permitted use.
I.
Uses conducive to potentially high hazard in the form of fire, explosion, radiation, contamination, or other elements dangerous to human beings.
J.
Motel, hotel, bed-and-breakfast, AIRBNB, or similar uses.
K.
Those uses enumerated in § 270-18 of this chapter.
§ 270-36 Area and bulk regulations.
A.
Lot area. A minimum lot area of 5,000 square feet shall be provided for every use hereafter erected.
B.
Lot width. Each lot on which business commercial uses shall be erected shall have a width of not less than 50 feet.
C.
Building coverage. The maximum building coverage shall not be greater than 40% of the gross lot area.
D.
Lot coverage. The maximum lot coverage, including all structures, shall not be greater Than 80% of the gross lot area.
E.
Front yard. A front yard setback shall be provided to be not less than 10 feet. Where there is an existing building on each of two lots adjacent to a lot on which a proposed building is to be erected, and both buildings have an alignment nearer to the street than the required front yard and where both buildings are within 100 feet of the proposed building, the average of the existing front yard depths of such adjacent lot shall be the minimum required front yard depth of the lot on which the proposed building is to be erected.
F.
Side yards. There shall be side yard setbacks to be not less than 10 feet.
G.
Rear yard. There shall be a rear yard to be not less than 30 feet.
H.
Height. A structure shall not have a greater height than two stories of 30 feet measured from the average grade line perimetering the building to the top of the main roof cornice line, excluding necessary utility-type roof structures.
§ 270-37 Compliance with redevelopment/rehabilitation district requirements.
A.
The Borough has created by ordinance certain redevelopment and rehabilitation districts, identified as follows:
(1)
Downtown Area Redevelopment District.
(2)
White Horse Pike Corridor Redevelopment District.
(3)
135 Broadway Redevelopment District.
(4)
Stone Road Rehabilitation District.
(5)
Laurel Road Overlay.
B.
In addition to compliance with the purposes and requirements specified for the Business/Commercial Zone, all lots located within such districts must comply with the purposes and requirements specified in those redevelopment or rehabilitation districts. Where standards of the Business/Commercial Zone conflict with the redevelopment or rehabilitation district, the stricter standard shall apply.
