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

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

Food for human consumption of any type is not sold by the business (i.e., clothing stores, cleaners).

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.

Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.

If the lot, or any portion thereof, for which the application for a conditional use is made is in the Historic District, the requirements of the Historic District section of this chapter (Article VIIIB, §§ 94-51.1 through 94-51.10) have been met.

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.

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.

Such use is located on the ground floor only.

The area and yard requirements of § 94-34 have been met.

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.

If any signs are to be located upon the lot, the requirements of Article X, Signs, have been met.

In addition to the above, in the event that any use is located directly adjacent to a residential use or zone:

Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.

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).

In addition to the above, in the event that any use is located directly adjacent to a residential use or zone:

State licensing requirements are met.

No outdoor storage.

Business operations close by 11:00 p.m.

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 subsections D(2) and D(3), the measurement shall begin at the outer boundaries or lot lines of the respective School Use, residential zoning district or similar facility and the proposed Alternative Treatment Center.

No Alternate Treatment Center shall be located within 50 feet of any R-1, R-2, R-3, R-4 residential zoning district or an adjacent community's residential-only zoning district;

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).

Notice of the application has been given, and publication made, pursuant to NJSA 40:55D-12;

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.

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).

In addition to the above:

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.

Use or consumption in any manner of marijuana is not permitted on the premises of any medical marijuana dispensary at any time.

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.

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.

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.

There shall be no more than a total of two Alternative Treatment Centers in the Borough of Merchantville.

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 subsections E(2) and E(3), the measurement shall begin at the outer boundaries or lot lines of the respective School Use, residential zoning district or similar facility and the proposed Cannabis Retailer.

No Cannabis Retailer shall be located within 50 feet of any R-1, R-2, R-3, R-4 residential zoning district or an adjacent community's residential-only zoning district;

No Cannabis Retailer shall be located within 200 feet of another similar facility (i.e., Alternative Treatment Center or Authorized Recreational Marijuana Retail Facility).

Notice of the application has been given, and publication made, pursuant to NJSA 40:55D-12;

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.

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).

In addition to the above:

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.

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.

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.

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.

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.

There shall be no more than a total of two Cannabis Retailer facilities in the Borough of Merchantville.

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.

Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.

If the lot, or any portion thereof, for which the application for a conditional use is made is in the Historic District, the requirements of the Historic District section of this chapter (Article VIIIB, §§ 94-51.1 through 94-51.10) have been met.

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.

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.

Such use is located on the ground floor only.

The area and yard requirements of § 94-34 have been met.

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.

If any signs are to be located upon the lot, the requirements of Article X, Signs, have been met.

In addition to the above, in the event that any use is located directly adjacent to a residential use or zone:

Notice of the application has been given, and publication made, pursuant to N.J.S.A. 40:55D-12.

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).

In addition to the above, in the event that any use is located directly adjacent to a residential use or zone:

Retail sales of goods and services where:

Travel agencies, real estate offices, and opticians;

Offices and professional offices on upper floors (other than those listed in § 94-33.5A(2) above);

Restaurants with indoor and/or outdoor seating; See outdoor dining requirements in § 94-36.1J;

Banks and other similar financial institutions;

Art studios, displays and/or galleries for artistic endeavors and production, including painting, sculpting, ceramics, jewelry, glass blowing, photography, handmade furniture, and similar activities;

Dinner theaters, community theaters, and similar uses;

Indoor cultural and historic displays of artifacts and/or artistic media, such as museums and galleries;

Physical fitness centers, martial arts studios, dance studios, and similar uses;

Child-care centers, primary education facilities, secondary education facilities on upper floors;

Postsecondary education facilities (including colleges, technical training schools, community colleges, nursing schools and classes for same) on upper floors;

Pedestrian plazas, piazzas, courtyards and similar uses.

The minimum indoor living space area shall be 600 square feet per unit; and

There shall be a mix of studio, one-bedroom, and two-bedroom units; and

Private useable outdoor living space (i.e., outdoor balcony or patio).

If a residential dwelling unit will be counted towards meeting the Borough's affordable housing obligation, one or more of these conditions may be waived.

Located along East Chestnut Avenue; and

Front door entrance shall face the multiuse path; and

The minimum lot area of 1,500 square feet; and

Minimum lot width of 20 feet; and

Minimum front yard setback of five feet from Block 61, Lot 4; and

Minimum side yard setback for each end unit of five feet; and

Minimum rear yard setback of 10 feet; and

Private rear yard of 200 square feet minimum.

No outdoor storage; and

Business operations close by 11:00 p.m.

The street level of the parking garage facing Park Avenue and Centre Street is occupied with permitted uses to maintain street level activity; and

The street level of the parking garage facing East Chestnut Avenue is landscaped to soften the visual impact of the parking garage on the users of the multiuse path and the visual impact on the residential houses on the north side of East Chestnut Avenue.

The owner or primary operator resides on the premises; and

Occupancy by guests shall be limited to no more than 10 consecutive days; and

Each bedroom and/or suite has a private bathroom facility; and

Located along East Chestnut Avenue in a detached building with at least one front door entrance facing the multiuse path; or

Located in the former PNC Bank building located on Block 29, Lot 2.

There is a full-service restaurant on the premises, where 30% or more of the total volume of sales for the business is food and beverage served to the public for consumption on the premises. A "full-service restaurant" in this context is defined as a food and beverage establishment with a broad menu and a wait staff providing table service.

Offices and professional offices on the street level, other than those listed in § 94-33.5A(2) above;

Child-care centers, primary education facilities, and secondary education facilities on the street level;

Postsecondary education facilities (including colleges, technical training schools, and community colleges, nursing schools and classes for same) on the street level;

Conference centers, meeting space, and banquet facilities; provided the following conditions are met:

Permitted materials. The following primary building facade materials are permitted up to 100% of the building facade: brick, natural stone masonry, horizontal wood or cementitious clapboard. The following secondary or facade materials are permitted up to 50% of the building facade: vinyl or aluminum siding on upper floors, and smooth or subtle textured stucco. The following accent materials are permitted up to 15% of the building facade: tiles, metal (for beams, lintels, trim elements, ornaments). A variety of buildings using a variety of building materials is desired.

Prohibited materials. The following building facade materials are prohibited: concrete block, faux-etched brick or textured stucco that mimics the rectangular pattern of brick masonry, highly textured stucco surfaces, glass block, mirror or metalized reflective glass, plywood, or unfinished wood. Materials that are inconsistent with the chosen architectural style are inappropriate, i.e., a Victorian-style building that utilizes textured stucco.

Street level requirements. Ground floor front facades shall comprise a minimum of 50% clear window area, with windows providing views of display areas of the inside of the building. These ground floor windows shall begin between 12 inches to 24 inches above ground level and shall end below 86 inches above ground level.

Prohibited. Smoked, reflective, or black glass in windows is prohibited.

Architectural treatments required. Walls or portions of walls where windows are not provided shall have architectural treatments designed to break up the bulk of the wall, including at least four of the following treatments: concrete or masonry plinth at the base of the wall; belt courses of a different texture or color; projecting cornice; projecting metal canopy; decorative tilework; trellis containing planting; medallions; sign band; artwork; vertical/horizontal articulation of the facade; lighting fixtures; awnings; overhangs; or a similar architectural element not listed above.

Blank walls prohibited. Blank walls shall not be permitted along any exterior which are highly visible from a street or pedestrian-oriented civic area (i.e., piazza or pedestrian promenade). Sides or rear facades of buildings that are visible to a parking lot or the street shall comprise a minimum of 25% window area, with windows interspersed across the facade. Rear and side facades shall have colors and materials that are similar to the front facade.

Human scale. Building facades should provide architectural elements and proportion that relate to the human scale of the desired pedestrian environment of the downtown.

Large buildings. Large buildings shall be divided by architectural features into distinct modules, such as 20 feet to 25 feet (the typical width of a single storefront), to give the appearance of a collection of smaller buildings and additions. A large, monotonous building mass is prohibited. Features shall be used to break down the scale of a building and add architectural interest, including, but not limited to, vertical and horizontal articulation, first floor windows and awnings, etc. See architectural treatments required above.[1]

Long continuous facade prohibited. Buildings must have at least a two-foot break in depth in all front facades for every 55 feet of continuous facade. Such breaks may be met through the use of porches, porticos, building extensions, building recesses, balconies, towers, and other architectural treatments.

Screen utilities. Buildings shall use parapets or minimum pitch of 6:12 roof styles to conceal flat roofs, elevator and stair shafts, large vents, and rooftop equipment, such as HVAC units, along all roof edges.

Roof design. It is not appropriate to use a roof size, shape, or slope that is not typically seen in the downtown. However, flat roofs with a false mansard style shall not be replicated.

Location. Loading doors, service doors, and loading areas shall not be located in any facade facing a street.

Screening. All loading docks and permanent outdoor solid waste receptacles shall be screened by a fence, brick wall, landscaping, and/or a combination thereof. In no case shall the solid waste receptacle be visible.

Common service area. When multiple commercial uses are planned, loading and delivery receivable areas shall be consolidated into common service areas located to the side or rear of the buildings.

Hours of truck deliveries. There shall be no truck deliveries between the hours of 10:00 p.m. and 7:00 a.m. within 50 feet of a residential use.

Buffer requirements. Parking lots visible from a street or the multiuse path shall have a landscape buffer for the purpose of shielding headlights. The maximum shrub height is 3 1/2 feet.

Location. Surface parking shall not be located in front of a building (i.e., no suburban-style parking lots). Parking shall be located to the side and rear of buildings.

Cross easements. Each lot shall have cross access easements for its parking areas and access driveways guaranteeing access to adjacent lots within the redevelopment area. Interconnections shall be logically placed and easily identifiable to ensure convenient traffic flow.

First floor design requirements. If a structured parking garage is planned in the redevelopment area, it shall be permitted where at least 70% of the first floor street elevation of the structured parking facility is occupied with permitted uses facing the street. It shall have design treatments, such as colonnades, awnings, landscaping, street furniture, and other public amenities, to create the appearance of an occupied building. Blank walls are not permitted.

Upper floor design requirements. Cars shall be generally visually screened from the street through features, such as grills, lattices, mock windows, louvers, false facades, etc. Such screening shall be in keeping with the rest of the building's architectural style and materials.

Focal point of redevelopment area. It is envisioned that a pedestrian-oriented civic area will be the central organizing feature of the redevelopment area to create a vibrant central social district. It shall be designed for multiseason, multifunctional semipublic space with restaurant outdoor seating as a focal point within the redevelopment area, predominantly surrounded by the front facades of buildings. It should be versatile to provide outdoor dining, as well as usable space for community events.

Public access. Public access shall be guaranteed to the pedestrian-oriented civic area through a deed restriction, public access easement, or other means acceptable to the municipal governing body and shall be recorded prior to occupancy. Public access to the pedestrian-oriented civic area shall be as easy and straightforward as possible.

Size. The pedestrian-oriented civic area should be in the order of 10,000 feet to 12,000 square feet.

Design amenities. The pedestrian-oriented civic area shall include a defining central element, such as a dancing fountain (a.k.a. "splash pad" that has a traversable hard surface when not used in season), outdoor stage, or other approved amenity that is intended to be a focal point and to draw people into the civic area. Traditional fountains with limited seasonal use shall not be permitted as a focal point design amenity in the civic area. The civic area shall also be improved with a variety of other amenities to provide visual interest to the pedestrian and to draw people into the civic space, such as sculptures and public art, decorative cafe-style lights, trellises, and/or other features that help to provide a sense of place. The civic area shall also include amenities to provide comfort and safety, such as shade trees, pedestrian-scale lighting, accent lighting, and benches. Decorative bollards shall be installed at the entrance of the pedestrian-oriented civic area along East Park Avenue for pedestrian safety. These improvements shall be provided in locations and amounts that are acceptable to the Joint Land Use Board. If the Borough is intended to take ownership and/or maintenance responsibilities of these design amenities, Borough Council approval shall also be required.

Surface materials: Approximately 10% of the pedestrian-oriented civic area shall be landscaped with trees, shrubs, and decorative landscape planters or plantings with year-round interest. All pedestrian spaces shall incorporate special paving, such as colored/stained and sealed concrete, stamped concrete, stone blend mixture, brick or other unit paver, slate, or similar high quality materials.

Vehicular traffic prohibited. The pedestrian-oriented civic area shall not be used for parking, loading, or vehicular access, during business hours, except emergency and maintenance vehicular access.

Pedestrian safety. Outdoor dining space shall not impede pedestrian traffic flow. A minimum unobstructed pathway of three feet shall be maintained around the outdoor seating area. There shall be adequate space to ensure handicapped accessibility and to permit the movement of patrons and wait staff.

Furniture. Table and chairs shall not be plastic. All chairs within an establishment's seating area must match each other by being similar design, construction, and color. Umbrellas shall not have advertising on them, except for the name or logo of the establishment.

Dining barriers. Dining barriers are not required to define a restaurant establishment's outdoor dining space. However, if they are utilized, they shall meet the following standards.

Accessibility requirements. If any of the standards above are found to be inconsistent with the requirements of the Americans with Disabilities Act,[2] or the State Building Code, the ADA or building code shall control.

Pole height. Pedestrian-pole light height shall be consistent with the pole height of other pedestrian-oriented lights located elsewhere in the downtown. The maximum pole height for parking lot illumination shall be 24 feet high.

Luminaire style. The luminaire style shall reflect the traditional early-1900s-style to coordinate with the acorn lighting fixtures that are currently located elsewhere in the downtown.

Light levels. The minimum light level within any portion of a property, other than single-family residential, which is intended to be utilized by residents, employees, customers or visitors shall be maintained at 0.50 footcandle. The recommended footcandles for parking areas is 1.0.

Layout. The layout of outdoor lighting fixtures shall be designed so that the poles do not interfere with other elements of the site plan, such as trees, landscaping, or parking. In general, poles shall be kept at least 20 feet away from the trunk of any large maturing tree and at least 10 feet away from any small maturing tree, or the tree's root protection zone, whichever is greater.

Minimize glare and pollution. Outdoor lighting fixtures shall be designed to minimize glare, light trespass and light pollution, to the extent possible, while maintaining nighttime safety and security.