Merchantville City Zoning Code
ARTICLE VIIIA
B-2 Neighborhood Business District
§ 94-37 Permitted principal uses.
Permitted principal uses in the B-2 District shall be as follows:
A.
Retail sales of goods and services where:
(1)
The total footprint of the building housing the retail business is less than 5,000 square feet, with 80% of the retail floor area being utilized for the sale of food for human consumption, if any type of food for human consumption is to be offered for sale within the retail floor area; or
(2)
One of the primary elements of the retail business is the sale of fresh foods, dairy and produce items (i.e., a grocery store, delicatessen) and/or the dispensing of pharmaceuticals under a license issued by the State of New Jersey (i.e., pharmacy); or
(3)
Food for human consumption of any type is not sold by the business (i.e., clothing stores, cleaners).
B.
Physical fitness studios, yoga studios, martial arts studios.
C.
Art studios, displays, and/or art galleries for artistic endeavors and production, including painting, sculpting, ceramics, jewelry, glass blowing, photography, and hand-made furniture.
D.
Travel agencies, real estate offices and opticians.
E.
Offices and professional offices.
F.
Restaurants.
G.
Apartments over other permitted uses but not on the street-level floor.
H.
Multifamily buildings, subject to the requirements as set forth in the R-4 District.
I.
Banks and other similar financial institutions.
J.
All other uses required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: This ordinance also provided for the repeal of former § 94-37.2, Conditional Uses - Maple Avenue Redevelopment Zone, which followed.
§ 94-37.1 Conditional uses.
[Added 6-8-2015 by Ord. No. 2015-06; amended 9-24-2018 by Ord. No. 18-11; 7-12-2021 by Ord. No. 21-05; 2-13-2023 by Ord. No. 23-03]
The purpose of this section is to set forth the requirements and procedures applicable to conditional uses in the B-2 District in accordance with N.J.S.A. 40:55D-67. A conditional use shall not be approved for any site unless the use is specifically approved as a conditional use in the zone for which it is proposed by the Joint Land Use Board. Conditional uses shall be permitted in the B-2 Neighborhood Business Zoning District as follows:
A.
Tattooing and body piercing establishments.
B.
Retail and/or wholesale sales businesses whose sales include any type of firearm, including, but not limited to, handguns, rifles, ammunition and the like.
C.
Retail service businesses whose services include any type of massage (excepting yoga studios and certified ayurvedic healing operations which are permitted uses in the B-2 Zoning District.
D.
All conditional uses as required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., subject to any and all conditions set forth therein.
E.
The Planning/Zoning Board shall not approve any conditional use application for any use under Subsections A through D, unless the following general conditions have been met:
(1)
Such use is not within 1,000 feet of any property used for school purposes or which is owned by or leased to any elementary or secondary school or school board.
(2)
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
(4)
A site plan application has been made for the lot, the Planning/Zoning Board has approved such conditional use, and the requirements and conditions of site plan/conditional use approval have been met.
(5)
Off-street parking shall be provided as required by §§ 94-52, 94-52.1 and 94-53, and the parking required for the proposed conditional use is located on the lot for which the application is made, or on a contiguous lot which must be subject to a covenant running with the land reserving that parking for the proposed conditional use.
(6)
Such use is located on the ground floor only.
(8)
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 in which it is proposed to be situated, particularly if it is located in the Historic District, and shall be free of nuisance characteristics.
(9)
If any signs are to be located upon the lot, the requirements of Article X, Signs, have been met.
(10)
In addition to the above, in the event that any use is located directly adjacent to a residential use or zone:
(a)
The location, size, activity, site layout, street access, pedestrian and vehicular movement and possible assembly of people shall be harmonious with that residential use or zone.
(b)
The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values of the adjacent residential land or buildings.
F.
Any kind of manufacturing, fabricating, altering, finishing or assembling, including licensed, except as necessarily incidental to a retail trade or service use (except alternative treatment centers, which are addressed in another subsection), provided the following conditions are met:
(1)
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.
(2)
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 in which it is proposed to be situated, particularly if it is located in the Historic District, and shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).
(3)
In addition to the above, in the event that any use is located directly adjacent to a residential use or zone:
(a)
The location, size, activity, site layout, street access, pedestrian and vehicular movement and possible assembly of people shall be harmonious with that residential use or zone.
(b)
The location and height of buildings, fences and landscaping shall not discourage the appropriate development and use or materially affect property values of the adjacent residential land or buildings.
H.
Alternative Treatment Centers which are authorized to grow and provide registered qualifying patients with usable marijuana and related paraphernalia (including cultivation, manufacturing, and/or dispensing of medical marijuana), in accordance with the provisions of the New Jersey Compassionate Use Marijuana Act, N.J.S.A. 24:6I-1 et seq., provided the following conditions are met:
(1)
No Alternate Treatment Center shall be located within 300 feet of any property used for school purposes or which is owned by or leased to any elementary school secondary school or school board (a "School Use"). For the purposes of measuring the buffer distances mandated herein and in subsection H(2), the measurement shall begin at the outer boundaries or lot lines of the respective School Use or similar facility and the proposed Alternative Treatment Center.
(2)
No Alternate Treatment Center shall be located within 200 feet of another similar facility (i.e., Alternative Treatment Center or Authorized Recreational Marijuana Retail Facility).
(3)
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12;
(4)
A site plan application has been made for the lot, and the Planning/Zoning Board has approved such conditional use, and the requirements and conditions of site plan/conditional use have been met.
(5)
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, particularly if it is located in the Historic District, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).
(6)
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 of the adjacent properties.
(7)
Hours of Operation shall be restricted to 9:00 a.m. to 10:00 p.m. on Mondays through Saturdays, and 12:00 noon to 6:00 p.m. on Sundays.
(8)
Use or consumption in any manner of marijuana is not permitted on the premises of any medical marijuana dispensary at any time.
(9)
Persons under the age of 21 years of age are not permitted to be on the premises of any medical marijuana dispensary at any time unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.
(10)
Advertisements, displays of merchandise, signs or any other exhibit depicting the activities of the dispensary placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.
(11)
Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including but not limited to prerecorded or live music or sounds, are prohibited.
(12)
There shall be no more than a total of two Alternative Treatment Centers in the Borough of Merchantville.
I.
Cannabis Retailer, involving the sale of marijuana and related paraphernalia for recreational purposes to members of the general public, pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq., provided the following conditions are met:
(1)
No Cannabis Retailer shall be located within 300 feet of any property used for school purposes or which is owned by or leased to any elementary school secondary school or school board (a "School Use"). For the purposes of measuring the buffer distances mandated herein and in subsection I(2), the measurement shall begin at the outer boundaries or lot lines of the respective School Use or similar facility and the proposed Cannabis Retailer.
(2)
No Cannabis Retailer shall be located within 200 feet of another similar facility (i.e., Alternative Treatment Center or Authorized Recreational Marijuana Retail Facility).
(3)
Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12;
(4)
A site plan application has been made for the lot, and the Planning/Zoning Board has approved such conditional use, and the requirements and conditions of site plan/conditional use have been met.
(5)
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, particularly if it is located in the Historic District, and the use shall be free of nuisance characteristics detectable to normal senses beyond the boundaries of the property (including noise, vibration, dust, odor and sanitation).
(6)
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 of the adjacent properties.
(7)
Hours of Operation shall be restricted to 9:00 a.m. to 10:00 p.m. on Mondays through Saturdays, and 12:00 noon to 6:00 p.m. on Sundays.
(8)
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.
(9)
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 unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.
(10)
Advertisements, displays of merchandise, signs or any other exhibit depicting the activities of the dispensary placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.
(11)
Outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to a dispensary, including but not limited to prerecorded or live music or sounds, are prohibited.
(12)
There shall be no more than a total of two Cannabis Retailer facilities in the Borough of Merchantville.
J.
Retail sales of goods and services where the total footprint of the building housing the retail business is 5,000 square feet or greater, with 80% of the retail floor area being utilized for the sale of food for human consumption, if any type of food for human consumption is to be offered for sale within the retail floor area, provided that should such a retail business be considered a "formula business" as defined in this chapter, that the location of this formula business not be within two miles of a similar formula business, whether the formula business is located within the Borough of Merchantville or a bordering municipality.
§ 94-38 Area and yard requirements.
A.
See attached Schedule of District Regulations.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
There shall be no front yard required. However, in no case shall a building be erected or constructed within twelve (12) feet of the curbline of any street as now established and existing at the date of the passage of this chapter, and eighteen (18) feet of the curbline on either the north or south side of Maple Avenue as now established and existing as of the effective date of this chapter, and including the east and west sides of South Centre Street from Maple Avenue South to the borough line.
§ 94-39 Accessory uses and buildings.
Permitted accessory uses and buildings include parking and loading areas, enclosed trash and recycling dumpsters and bins and accessory buildings for storage. Outdoor storage shall not be permitted. Accessory buildings shall be limited in size based on the size of the principal building, and they shall not exceed twenty-five percent (25%) of the building coverage of the principal building.
§ 94-40 Historic District review.
[Amended 10-13-2004 by Ord. No. 04-19]
The provisions set forth for the Historic District in Article VIIIB of this chapter shall apply to the B-2 District in its entirety.