Metuchen City Zoning Code
ARTICLE 18
Conditional Uses
§ 110-84 Purpose.
The purpose of this article is to set forth requirements and procedures applicable to conditional uses in accordance with N.J.S.A. 40:55D-67. A conditional use shall not be approved on any site unless said use is specifically permitted as a conditional use for the district in which it is located and unless all of the applicable conditions pursuant to this article are complied with.
§ 110-85 Procedure.
An application for development under the provisions set forth herein for a conditional use shall be reviewed by the Board for compliance with both the general and specific conditions as set forth in §§ 110-86 and 110-87 below. If an application for a conditional use is determined by the Board to meet the requirements in §§ 110-86 and 110-87 below, the Board shall then be required to review and grant site plan approval, prior to granting approval as a conditional use. Where any provision of this article shall appear in conflict with any other provision of another section of this chapter, the provision of this article shall apply in place of, supplement and, where in conflict, supersede the provision set forth elsewhere.
§ 110-86 General conditions.
In considering any conditional use application, the Board shall first be required to find that the following general conditions have been adequately addressed in the development plan, prior to granting conditional use approval:
A.
The adequacy of preservation of existing natural resources on the site.
B.
The provision of safe and efficient vehicular circulation, parking and loading.
C.
The impact of vehicular traffic generated by the proposed use on the streets in the neighborhood and the Borough generally.
D.
The provision of safe, efficient and accessible pedestrian circulation and accessibility in and to the proposed development.
E.
The impact of pedestrian traffic generated by the proposed use on the sidewalks in the neighborhood.
F.
The relationship of the physical, visual and spatial character of the proposed development to the same elements of existing development in the neighborhood and the Borough generally.
G.
The effectiveness of buffering and screening in mitigating the potential effects of adverse impacts on adjacent and nearby properties and the public right-of-way.
H.
The adequacy of landscaping, lighting, signage and other proposed site improvements.
§ 110-87 Specific conditions.
Anything in this chapter to the contrary notwithstanding, in considering any conditional use application, the Board shall first be required to determine that the following specific conditions for the proposed use have been complied with prior to granting conditional use approval:
A.
Church or any place of worship, including buildings used in connection with religious activities; religious or nonprofit nursery schools, day-care centers and nursing and convalescent homes; public nonprofit private and parochial school buildings and convents; and a community residence for the developmentally disabled or victims of domestic violence, housing between seven and 15 persons, excluding resident staff.
(1)
The minimum lot area shall be as follows:
(a)
Church or other place of worship: 40,000 square feet.
(b)
Religious or nonprofit nursery schools, day-care centers and nursing and convalescent homes: 30,000 square feet.
(c)
Public, nonprofit private and parochial school buildings and convents: 60,000 square feet.
(d)
Community residence for the developmentally disabled or victims of domestic violence, housing more than six persons, excluding resident staff: 20,000 square feet.
(2)
Maximum building area shall be 0.25 floor area ratio (FAR).
(3)
Maximum building coverage for primary and accessory buildings shall be 50%.
(4)
Maximum building height shall be as specified for the district.
(5)
There shall be no parking in the front yard area nor within 10 feet of any property line.
(6)
No building shall be located within 25 feet of a street right-of-way line nor within 15 feet of a side or rear property line, unless greater setbacks are specified for the district.
(7)
No active recreation area associated with the use shall be located within 25 feet of a property line nor within the front yard.
(8)
All recreation and parking areas shall be buffered and screened from view from all property lines with landscaping in accordance with Article 44 of this chapter.
(9)
There shall be no outdoor activities after 10:00 p.m.
(10)
No exterior lighting shall be allowed, except that required for security. Light levels shall be reduced in intensity or turned off after 11:00 p.m.
(11)
A church or other place of worship may include a residence for clergy or maintenance superintendent on the premises, provided that the minimum required lot area shall be increased by an additional 5,000 square feet to 45,000 square feet.
B.
Dry-cleaning establishments. No establishment that performs dry-cleaning work on-premises shall utilize or store any hazardous or toxic chemicals on the premises such as to pose any risk to public health or the environment. Operating procedures, equipment and facilities shall ensure that hazardous or toxic conditions shall not develop either on or off the premises.
D.
Religious affiliated office or counseling center.
E.
Two-family detached dwellings.
F.
Gasoline service station.
(1)
The lot or parcel of land to be used shall have a minimum lot width at street line of 100 feet and a minimum average lot depth of 100 feet.
(2)
Fuel pumps shall be set back a minimum of 50 feet from all side and rear property lines and a minimum of 25 feet from all street right-of-way lines.
(3)
Corner lots shall have a minimum curb radius of 25 feet and driveway openings shall not be located within 25 feet of curb radius tangent points.
(4)
There shall be no more than two driveway entrances located on each street frontage. Such driveway entrances shall be separated from each other by a minimum distance of 60 feet. A driveway entrance shall be located a minimum distance of 25 feet from any side or rear property line.
(5)
All open space areas shall be extensively and intensively landscaped with trees, shrubs and other suitable plant materials in order to screen fuel pump islands, service areas and parked motor vehicles.
(6)
No motor vehicle repairs shall take place on the premises, either indoors or outdoors.
(7)
There shall be no outdoor storage of motor vehicles, supplies, materials or automotive parts, whether for sale, repair, storage or waste disposal.
(8)
All fuel storage tanks shall be installed below ground level and shall be located a minimum of 50 feet from any property line. Where the possibility of contamination of soil or underground water resources exists, the Board may require ample precautions against leakage and seepage.
(9)
The Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, traffic safety and aesthetics, considering the location and configuration of the lot in question.
(10)
No such use shall be located on a lot having any of its lot lines located within 1,000 feet of a lot containing a school, church, hospital, nursery school, day-care center, nursing or convalescent home, library, public building, residential use or residential district or within 500 feet of a similar type use.
G.
Townhouses.
[Amended 1-4-1993 by Ord. No. 93-26]
(1)
The tract shall be located in the B-4 General Business District and shall have frontage on Essex, Durham, Central or Middlesex Avenues.
(2)
The tract shall have a minimum area of one acre.
(3)
The tract shall have a minimum lot width at the front yard setback line of 125 feet.
(4)
The tract shall be adjacent to a lot containing an existing townhouse and/or apartment use and shall have a minimum of 200 feet of side and/or rear lot lines abutting such existing adjacent use.
H.
Automobile washing establishments.
(1)
No lot abutting a residential district or use shall be used for an automobile washing establishment.
(2)
The minimum lot area shall be 25,000 square feet.
(3)
The minimum lot depth shall be 250 feet.
(4)
The minimum lot width at front setback shall be 100 feet.
(5)
The building shall be set back a minimum of 100 feet from all street lines.
(6)
A ten-foot-wide stacking lane shall be provided for each washing bay, and such lane shall have a minimum stacking capacity for 10 vehicles.
(7)
A one-way vehicular circulation system shall be provided on the site.
(8)
Driveways and lanes shall be separated so that vehicles awaiting service or parked at vacuum cleaners shall not block exiting vehicles.
(9)
Water used for car washing shall be cleaned and recirculated for use on the site.
(10)
All open space areas shall be extensively and intensively landscaped with trees, shrubs and other suitable plant materials in order to screen views of vehicles that are stacked in lanes awaiting service, being dried, vacuumed or otherwise serviced.
I.
Automotive repair establishments.
(1)
Minimum lot width at front setback shall be 100 feet.
(2)
Minimum lot depth shall be 100 feet.
(3)
Such use shall not abut any residential district or use.
(4)
Corner lots shall have a minimum curb radius of 25 feet, and driveway openings shall not be located within 25 feet of radius tangent points.
(5)
There shall be no more than two driveway openings located along any street frontage. Driveway openings shall be separated from each other by a minimum distance of 60 feet. No driveway opening shall be located closer than 25 feet to any side property line.
(6)
All open space areas shall be extensively and intensively landscaped with trees, shrubs and other suitable plant materials in order to screen views of vehicles, whether parked or being repaired, and all service areas.
(7)
Repair work, other than occasional incidental minor repairs, shall take place entirely within the building, and all repair or service apparatus or equipment shall be located entirely within the building.
(8)
Floor drains shall not be connected to any sanitary or storm sewer system.
(9)
A maximum of five motor vehicles may be parked overnight on the premises, including service vehicles, exclusive of vehicles parked inside the building.
(10)
There shall be no outdoor storage of automotive supplies, materials or parts, whether for sale, storage or waste disposal.
(11)
The Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, traffic safety and aesthetics, considering the location and configuration of the lot in question.
(12)
No such use shall be located on a lot having any of its lot lines located within 500 feet of a lot containing a school, church, Borough-operated public facility or within 150 feet of any residential use or district.
[Amended 1-4-1993 by Ord. No. 93-26]
J.
Drive-in banks.
[Amended 12-2-2002 by Ord. No. 2002-18]
(1)
A total of five vehicle-stacking spaces shall be provided for each drive-in window, with a minimum of three such spaces located in a separate ten-foot-wide lane for each individual window.
(2)
All drive-in window-stacking lanes shall have adequate directional signage and striping to ensure safe and efficient operation of the facility.
(3)
Internal circulation shall be arranged such that stacked vehicles for the drive-in window(s) shall not interfere with general vehicular circulation or parking or pedestrian circulation on the site. Additionally, vehicles exiting from the parking lot shall not use any drive-in window lane as a means of egress.
(4)
Principal buildings and pedestrian walkways shall have the primary visual orientation to the street and drive-in facilities shall maintain a secondary visual orientation through location, setbacks, driveway, width and architectural design treatments.
(5)
Where possible, drive-in windows shall exit onto side streets or parking lots in which case setbacks may be reduced if a secondary visual orientation is appropriately achieved for the drive-in facility. If the drive-in facility is obscured from view from the primary street, and exits to the secondary street, all setbacks may be reduced to five feet for properties in the B-3 and B-4 zones.
(6)
The drive-in bank shall be on the same property as the banking building with walk-in service and teller windows having not less than 1,500 square feet.
(7)
The applicant shall demonstrate by competent professional evidence that vehicular ingress and egress and internal traffic circulation shall be designed in accordance with engineering standards to be safe and that no unreasonably adverse impact on adjacent thoroughfares or intersections will result from development of the site as proposed.
K.
Light industrial uses.
(1)
No such use shall be permitted to front on Middlesex Avenue.
(2)
No structure housing such use shall be located closer than 100 feet to Middlesex Avenue.
(3)
Any building or lot used for light industrial purposes shall be screened from view from Route 27 (Middlesex and Essex Avenues) and Route I-287 with extensive landscaping consisting of earth berms, evergreen shrubs and evergreen and deciduous trees.
(4)
No such use shall be located closer than 200 feet to any residential district or use.
(5)
Outdoor storage of goods, materials, equipment and supplies shall not be permitted.
L.
Outdoor storage (of goods, materials, equipment and supplies or trucks, tractors or buses as an accessory use to a permitted principal use); lumberyards and building material storage yards.
(1)
No such use shall be located closer than 200 feet to any residential district or use.
(2)
Outdoor storage shall be buffered by a screen determined by the Board to be constructed of suitable visually impervious materials and to be of sufficient height so that the stored goods, materials, equipment and supplies are not visible from 100 feet distant from any of the tract boundary lines at the average eye level of a six-foot-tall person.
(3)
Where trucks, tractors, buses and other similar type motor vehicles are stored on property abutting a residential district or adjoining a street which is a boundary between industrial and residential districts, the same screening requirements as set forth in Subsection L(2) above shall apply.
(4)
The screening required in this subsection shall be permanently maintained by the property owner to achieve the screening effect as set forth in this subsection.
M.
Machine shops.
(1)
No such use shall be located within 200 feet of a residential district or use.
(2)
Structures housing such uses shall be constructed or renovated with suitable materials to absorb the emission of objectionable noise and vibrations.
(3)
Such use shall be buffered at all property lines by such a screen determined by the Board to be of suitable construction and materials and to be of sufficient height and materials in order to absorb the emission of objectionable noise.
N.
Drive-in restaurants and other drive-in and fast service businesses.
(1)
There shall be a minimum of two one-way access driveways. The minimum distance between the center lines of such driveways shall be 125 feet.
(2)
Internal circulation shall be such that stacked vehicles for the drive-in window(s) shall not interfere with general vehicular circulation and parking or pedestrian circulation on the site. Additionally, vehicles exiting from the parking lot shall not be required to use a drive-in window lane as a means of egress.
(3)
A separate ten-foot-wide lane shall be provided for each drive-in window with a minimum stacking capacity of five vehicles. In combination, all drive-in window stacking lanes shall provide adequate storage of 10 stacked vehicles for each drive-in window. Drive-in window stacking lanes shall not be located in parking aisles, nor shall they, in any manner, interfere with vehicles entering or exiting the site. All drive-in window stacking lanes shall have adequate directional signage and striping to ensure the safe and efficient operation of the facility.
(4)
No drive-in window shall be located within 50 feet of the street right-of-way line from which vehicles using the drive-in window will enter or exit.
(5)
The perimeter of the site shall be fenced and/or landscaped in a manner that will prevent litter from being blown across property lines.
(6)
Trash receptacles of an attractive design shall be provided around outdoor eating areas, along pedestrian walkways and at points of egress from the site.
(7)
Outdoor eating areas shall be clearly delineated with curbing, shall be attractively landscaped and shall be so located that patrons can walk directly from the building to the eating area without crossing a driveway or parking lot.
O.
Used automobile dealerships; private parking facilities.
(1)
Outdoor parking, display or storage of motor vehicles shall be screened by a buffer of suitable construction and material or by a landscape screen as approved by the Board to be of sufficient height such that motor vehicles are screened from view from all lot lines.
(2)
Applicants shall be required to plant shade trees in motor vehicle parking, display or storage areas at a ratio of one tree for every five automobiles.
Q.
Dance halls and discotheques.
(1)
Food may be prepared and/or dispensed as an accessory use to a principal use as a dance hall or discotheque, provided that the area devoted to the storage, preparation, service and consumption shall not exceed 25% of the gross floor area of the establishment and such use complies with all other applicable Borough ordinances.
(2)
Beverages may be prepared and/or dispensed as an accessory use to a principal use as a dance hall or discotheque, provided that the area devoted to the storage, preparation, service and consumption shall not exceed 75% of the gross floor area of the establishment and such use complies with all other applicable Borough ordinances.
(3)
Building windows shall not be boarded up, shuttered or otherwise covered. Privacy shall instead be provided from the interior of the building.
(4)
Signs shall be limited to one sign, not to exceed three square feet in area. No other signs or advertising shall be permitted on the premises.
(5)
No such use shall be located on a lot having any of its lot lines located within 1,000 feet of a lot containing a school, community or civic use, church, library, public building or use nor within 1,000 feet of any residential use or residential district or within 500 feet of a similar type use.
R.
Go-go dancing establishments and cabarets.
(1)
Food may be prepared and/or dispensed as an accessory use to a principal use as a go-go dancing establishment or cabaret, provided that the area devoted to the storage, preparation, service and consumption of such shall not exceed 25% of the gross floor area of the establishment and such use complies with all other applicable Borough ordinances.
(2)
Beverages may be prepared and/or dispensed as an accessory use to a principal use as a go-go dancing establishment or cabaret, provided that the area devoted to the storage, preparation, service and consumption of such shall not exceed 75% of the gross floor area of the establishment and such use complies with all other applicable Borough ordinances.
(3)
Building windows shall not be boarded up, shuttered or otherwise covered. Privacy shall instead be provided from the interior of the building.
(4)
Signs shall be limited to one sign, not to exceed 24 square inches in area, mounted on each customer entrance barring admittance to persons under the age of 18 and one sign, not to exceed three square feet in area, containing either the words "Go-Go Dancing" or "Cabaret." No other signs or advertising shall be permitted on the premises.
(5)
No such use shall be located on a lot having any of its lot lines located within 1,000 feet of a lot containing a school, church, Borough-operated facility, any residential use or district or within 500 feet of a similar type use.
S.
Artist's body painting studios, tattoo shops, modeling studios and massage parlors.
(1)
Building windows shall not be boarded up, shuttered or otherwise covered. Privacy shall instead be provided from the interior of the building.
(2)
Signs shall be limited to one sign, not to exceed 24 square inches in area, mounted on each customer entrance barring admittance to persons under the age of 18 and one sign, not to exceed three square feet in area, containing either the words "Artist's Body Painting Studio," "Tattoo Shop," "Modeling Studio" or "Massage Parlor." No other signs or advertising shall be permitted on the premises.
(3)
No such use shall be located on a lot having any of its lot lines located within 1,000 feet of a lot containing a school, church, Borough operated public facility, any residential use or district or within 500 feet of a similar type use.
T.
Adult bookstores, adult gift shops and adult motion-picture theaters.
(1)
Building windows shall not be boarded up, shuttered or otherwise covered. Privacy shall instead be provided from the interior of the building.
(2)
Signs shall be limited to one sign, not to exceed two square feet, mounted at each customer entrance barring admittance to persons under the age of 18 and one sign, not to exceed three square feet in area, containing either the words "Adult Books," "Adult Gifts" or "Adult Motion Pictures." No other signs or advertising shall be permitted on the premises.
(3)
No such use shall be located on a lot having any of its lot lines located within 1,000 feet of a lot containing a school, church, Borough-operated public facility, any residential use or district or within 500 feet of a similar type use.
U.
Offices and apartments.
(1)
Permitted office uses shall not include medical, dental, veterinary and clinic uses.
(2)
A maximum of two apartments shall be permitted in a principal building.[3]
[3]
Editor's Note: Former Subsection U(3), regarding existing principal buildings, which subsection immediately followed this subsection, was repealed 12-2-2002 by Ord. No. 2002-18. This ordinance also renumbered former Subsection U(4) as U(3).
(3)
All buildings, including renovations or additions thereto, used pursuant to this subsection shall be designed to have the exterior appearance of a single-family detached dwelling, except for permitted signage, pursuant to Article 48 of this chapter. The architectural style, materials, colors and details of existing buildings on adjacent and nearby lots shall be incorporated into the design of any new building or renovation or addition to an existing building. No external stairs or fire escapes shall be permitted where visible from a public street or sidewalk.
V.
Senior citizen shared living residences.
[Added 3-4-1991 by Ord. No. 91-3]
(1)
The tract shall have a minimum lot area of 7,500 square feet. Any addition to an existing structure with nonconforming setbacks shall comply with § 110-108.
(2)
The residential structure to be occupied for this purpose, following any proposed additions, shall consist of a minimum of 2,500 square feet.
(3)
Total occupancy of the structure shall not exceed six residents, each of whom shall be at least 55 years of age, plus one housekeeper (with or without spouse), who shall live within the same structure in a separated dwelling unit, but need not meet any age restrictions. All residents of nonhousekeeping units shall be of low or moderate income as defined by the Fair Housing Act.[4] The nonprofit sponsor shall annually provide to the Borough and to the Council on Affordable Housing (COAH) a certification that the income of the residents and the amount of monthly rentals paid continue to qualify each of the residents as eligible for Mt. Laurel housing.
[4]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(4)
All of the senior citizens shall live together as a single housekeeping unit, sharing meals and social activities, while enjoying the privacy of separate sleeping areas.
(5)
Each structure used or constructed for this purpose shall have a minimum of four and a maximum of six bedrooms (other than the separate housekeeping unit) and shall maintain the appearance of a single-family residence. Each bedroom shall have a single occupant, except that double occupancy shall be allowed for related persons, spouses, sisters or brothers. Off-street parking shall be provided, absent a grant of a waiver, as a quasi-residential use in accordance with § 110-154B.
(6)
To the extent permitted by controlling law, the nonprofit sponsor shall give preference to individuals who either work or reside in the Borough for at least 50% of the affordable housing units contained in the structure. Each senior citizen shared residence shall be operated by a nonprofit entity which shall be eligible to receive governmental and charitable grants designed to allow the nonhousekeeping units to remain affordable to those of low and moderate income as defined by the Fair Housing Act.
(7)
The entity operating the senior citizen shared living residence shall be qualified, prior to occupancy for these purposes, as a tax-exempt entity pursuant to 26 U.S.C. § 501(c)(3) and shall be an entity eligible to enter into an agreement in lieu of taxes with the Borough, subject to the subsequent approval of the Mayor and Council.
(8)
The prescribed conditional use shall require an approved zoning permit issued by the Zoning Officer and a conditional use approval by the Planning Board, prior to the commencement of occupancy, but shall not require a fully detailed site plan submission to the Planning Board, in accordance with N.J.S.A. 40:55D-37(a) and Article 13 of this chapter, unless the Planning Board is unable to make an informed judgment from the plans and submissions that the application will meet the requirements of this subsection.
W.
Warehouses.
(1)
No such use shall be located within 100 feet of a residential district or use unless there is an intervening street.
(2)
All storage shall be inside structures.
(3)
Warehouses shall not be used to store hazardous, toxic or corrosive substances as defined by the United States Environmental Protection Agency and/or New Jersey Department of Environmental Protection and Energy.
[Added 6-16-1997 by Ord. No. 97-8; amended 9-11-2023 by Ord. No. 2023-27]
X.
Wireless communications facilities.
[Added 6-16-1997 by Ord. No. 97-8]
(1)
No such facility shall be located closer than 1,000 feet of an R-1, R-2 or Residential District or within 500 feet of any other residential district. This provision shall not apply to properties upon which an existing wireless communication facility is situated. This provision shall not apply to the portion of the LI Light Industrial District located at the west of the Lehigh Valley Railroad and to the north of the R-5 Overlay Residential District.
(2)
A property containing an existing wireless communication facility may be further adapted to accommodate wireless communication facilities by utilizing the existing wireless communication tower or removing and replacing the existing tower with a new tower.
(3)
The maximum height of such wireless communication towers shall be 90 feet, except if more than one provider is collocated on the tower, such tower may extend to a height of 125 feet in height.
Y.
Mixed-use neighborhoods.
[Added 7-16-2007 by Ord. No. 2007-4]
(1)
A mixed-use neighborhood shall be a permitted conditional use. The permitted uses within a mixed-use neighborhood shall be:
(a)
Retail shops and stores.
(b)
Service businesses.
(c)
Grocery stores with a gross floor area not less than 10,000 square feet but not exceeding 40,000 square feet.
(d)
Offices.
(e)
Financial institutions, including drive-in banks.
(f)
Eating and drinking establishments, except fast-food restaurants and drive-in restaurants.
(g)
Apartments, except if located on the ground floor of buildings fronting Middlesex Avenue, Lake Avenue or New Street or directly abutting an active railroad right-of-way.
(h)
Nursery schools and day-care centers.
(i)
Dry-cleaning establishment where no dry cleaning occurs on the premises. If dry cleaning occurs on the premises, it shall be subject to § 110-87B.
(j)
Borough-operated public facilities.
(2)
Permitted accessory uses within a mixed-use neighborhood shall include:
(a)
Driveways, parking lots, loading areas and multilevel parking facilities.
(b)
Outdoor display and sales areas associated with permitted retail shops and stores and grocery stores.
(c)
Outdoor cafes and restaurants, including those with appropriate licenses that serve alcoholic beverages outdoors.
(d)
Plazas, courtyards, kiosks, outdoor art exhibit space, water features, permanent or temporary installations of public art, walkways and alleys and other similar type of public and semipublic open spaces.
(e)
Trash enclosures, compactors and dumpsters.
(f)
Walls, fences, hedges and other landscape elements.
(g)
Utility boxes.
(h)
Other uses deemed to be permitted accessory uses.
(3)
Prohibited uses within a mixed-use neighborhood shall include:
(a)
Pharmacies and drugstores, including retail uses or grocery stores incorporating a pharmacy within such use.
(4)
Conditions. A mixed-use neighborhood shall meet the following conditions:
(a)
A minimum of 75% of gross square feet of ground floor space shall be dedicated to commercial uses. Structured parking shall not count towards these area calculations.
(b)
Minimum tract area shall be five acres. For the purposes of calculating tract area, lots separated by street rights-of-way may be considered part of the same tract, including the area of the right-of-way separating such lots.
(c)
Minimum frontage on Middlesex Avenue, Lake Avenue or New Street: 400 feet.
(d)
Maximum building coverage: 70% of the tract.
(e)
For mixed-use neighborhoods west of Lake Avenue, a grocery store shall be a required use.
Z.
Sports and athletic facilities.
[Added 11-17-2008 by Ord. No. 2008-17]
(1)
Vehicular access shall be provided from Route 27 unless such access is precluded by dedication or acquisition of rights-of-way for interchange improvements at the intersection of Route 27 and Route 287.
AA.
Downtown Gateway Overlay District.
[Added 8-18-2014 by Ord. No. 2014-12; amended 6-20-2016 by Ord. No. 2016-15; 8-12-2019 by Ord. No. 2019-12; 10-24-2022 by Ord. No. 2022-19]
(1)
A Downtown Gateway Overlay District shall be a permitted conditional use. The permitted uses within a Downtown Gateway Overlay District shall be:
[Amended 9-11-2023 by Ord. No. 2023-27]
(a)
Supermarkets, not exceeding 50,000 square feet in gross floor area and which may include eating, drinking and an outdoor cafe on premises.
(b)
Retail shops and stores.
(c)
Personal service businesses.
(d)
Physical fitness studios.
(e)
Indoor amusement businesses, including arcades, virtual reality, escape rooms, and other similar uses.
(f)
Eating and drinking establishments, except fast-food restaurants and drive-in restaurants.
(g)
Brew pubs, distilleries and wineries.
(h)
Banks and other financial institutions, excluding drive-in banks.
(i)
Offices.
(j)
Flex space, including demonstration kitchens, event rental space, party rental space, and other similar uses.
(k)
Nursery schools and day-care centers.
(l)
Social halls, clubs, lodges and places of public assembly.
(m)
Apartments, only if located on the north side of Middlesex Avenue and not including any apartments located on the ground floor of a building fronting on Middlesex Avenue or Central Avenue.
(n)
Inns and hotels.
(o)
Borough-operated public facilities.
(p)
Massage and somatic therapy establishments.
(2)
Permitted accessory uses within a Downtown Gateway Overlay District shall include:
(a)
Driveways, parking lots, loading areas and multilevel parking facilities.
(b)
Outdoor display and sales areas associated with permitted retail shops and stores and supermarkets.
(c)
Outdoor cafes and restaurants, including those with appropriate licenses that serve alcoholic beverages outdoors.
(d)
Plazas, courtyards, kiosks, outdoor art exhibit spaces, water features, permanent or temporary installations of public art, walkways and alleys and other similar types of public and semipublic open spaces.
(e)
Trash enclosures, compactors and dumpsters.
(f)
Walls, fences, hedges and other landscape elements.
(g)
Utility boxes.
(h)
Other uses deemed to be permitted accessory uses.
(4)
Conditions. A Downtown Gateway Overlay District shall meet the following conditions:
(a)
Minimum tract area shall be five acres. For the purposes of calculating tract area, lots separated by street rights-of-way may be considered part of the same tract, including the area of the right-of-way separating such lots.
(b)
Minimum frontage on Middlesex Avenue: 250 feet located along both sides of the street facing one another.
(c)
A supermarket shall be a required use.
(d)
If development of the tract is proposed in multiple phases, a phasing plan shall be provided. The phasing plan shall identify the portions of the tract proposed for preliminary and final site plan approval as well as any phases reserved for future development. The required supermarket use shall be developed in the first phase. A concept plan for the entire tract, depicting both proposed first-phase development and illustrating one or more scenarios for potential future phases, shall be provided.
BB.
(Reserved)
[Added 8-15-2016 by Ord. No. 2016-19; repealed 11-7-2016 by Ord. No. 2016-27]
CC.
(Reserved)
[Added 8-15-2016 by Ord. No. 2016-19; repealed 11-7-2016 by Ord. No. 2016-27]