Milltown City Zoning Code
§ 34-21.1
B-1 Commercial District Zone.
[Ord. No. 919 Art. XV, H; Ord. No. 07-1253 § 1; Ord. No. 13-1378 § 3; Ord. No. 13-1382 § 3]
The following regulations shall apply in the B-1 Commercial District Zone:
a.
Purpose. Commercial Districts are established in order to achieve the general goals as stated in Section 34-2 and for the following specific purposes:
1.
Encourage the tendency of commercial activity to the mutual advantage of both customers and merchants and thereby promote public convenience and prosperity.
2.
Promote the creation of a pedestrian oriented commercial environment which encourages maximum pedestrian activity.
3.
Encourage a maximization of off-street parking facilities to service the commercial activity.
4.
Promote aesthetically and visually harmonious development throughout the B-1 District.
c.
Permitted Accessory Uses.
1.
Off-street parking spaces.
2.
Off-street loading spaces.
3.
Residential use above commercial uses, apartment not occupying ground floor, not exceeding 33% of total combined floor area. In no instance shall a commercial business, professional or government use be located above a residential use or on the same floor as a residential use.
4.
Fences, walls, and hedges.
d.
Conditional Uses.
1.
Public utility facilities required to provide the direct service of the utility to the consumers such as transformers and pumping stations but excluding warehouses, service or storage and treatment facilities.
2.
Satellite dish antennas.
3.
Churches, synagogues and other similar places of worship.
4.
Funeral homes.
5.
Assembly halls.
6.
Government and public buildings.
7.
Public and private educational institutions operated for profit or nonprofit.
8.
Automobile service stations and repair shops; gas stations.
9.
Two family dwellings.
10.
Home occupations. Customary home occupations, such as but not limited to dressmaking, millinery and home cooking, provided that such occupations shall be conducted solely by resident occupants of the building and that not more than the equivalent of 1/3 of the area of one floor shall be used for such purposes and that no display of products or advertising of any kind shall be visible from the street. No equipment shall be used in such an occupation which is not usually found in the home. Structural or architectural changes shall not be permitted to accommodate the occupation.
11.
Home professional offices.
e.
Bulk Regulations.
1.
The requirements of this district of lot area and width, yard dimensions, building coverage and height shall be listed in the Bulk Schedule attached and part of this chapter.
f.
Prohibited Uses.
1.
Used and new automobile and truck dealerships and rental agencies therein.
2.
Fast-food and drive-in restaurants.
3.
Any industrial process, manufacture, assembly or treatment.
4.
Car washes.
5.
Lumber, fuel and building material storage works and lawn and garden shops.
6.
Wholesale laundries, dyeing and cleaning works.
7.
Arcades and amusement centers where more than 10% of the retail floor area of the business is occupied by two or more of any of the following, exclusively or combined: Pool table, pinball, electronic games and/or other amusement machines or devices of any kind. This prohibition includes but is not limited to machines and/or devices requiring electric current to be operable. Nothing herein shall be construed to prohibit the installation of the aforesaid games and amusements in a retail business establishment otherwise unrelated to the operation of such device.
8.
Any process or storage use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, gas fumes, noise, vibration or similar substances or conditions is specifically prohibited.
9.
Billboards or signs painted or mounted upon the exterior side or rear walls of any principal or accessory building or structure.
10.
All residential, service, commercial or industrial uses not specifically permitted in this zone.
11.
Drive-in or drive-through features for restaurants, banks or any other food, personal service or business establishment.
12.
Adult bookstores and amusement facilities.
13.
In no case shall residential usage be permitted on the same floor with retail, business, commercial or office usage.
14.
Any exterior storage of goods or materials.
15.
Live entertainment, go-go bars, juice bars and/or cabarets with live entertainment.
16.
Hookah lounges.
17.
Tattoo/piercing parlors.
18.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 7-19-2021 by Ord. No. 2021-1500]
19.
Alternative Treatment Centers as defined in P.L. 2009, c. 307 (N.J.S.A. 24:6I-3) and the regulations implementing P.L. 2009, c. 307 (N.J.A.C. 8:64-2).
[Added 7-19-2021 by Ord. No. 2021-1500]
20.
Smoke shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
21.
Vape shops.
[Added 9-13-2021 by Ord. No. 2021-1502]
g.
Off-Street Parking and Loading.[1]
1.
Off-street parking facilities, in addition to all other parking and off-street facilities required, on the basis of two spaces for every dwelling unit in accordance with the provisions of this section, shall be created at an onsite location.
2.
For permitted business and service establishments: one parking space for each 400 square feet of gross floor area of the establishment shall be created at an on-site or off-site location.
3.
Off-street loading berths for all retail and commercial establishments having a gross floor area in excess of 1,000 square feet:
1,000 - 8,000 square feet = 1 loading space |
8,001 - 25,000 square feet = 2 loading spaces |
25,001 - 50,000 square feet = 3 loading spaces |
50,001 - 100,000 square feet = 4 loading spaces |
100,001 - 250,000 square feet = 5 loading spaces |
Each 100,000 square feet above = 1 additional loading space |
4.
Public and private parking lots are permitted.
5.
Restaurants: one off-street parking space per each three seats, plus one space per employee on the maximum shift.
6.
Banks: one space for each 100 square feet of gross floor area shall be created at an on-site or off-site location.
7.
For any type of medical professional office, off-street parking shall be provided at the rate of three off-street parking spaces for each professional staff member plus one space for each permanent employee, or, one parking space for each 100 square feet or gross floor area, whichever is greater.
8.
For any other type of permitted use refer to Design Standards and Details.
h.
Additional Regulations.
1.
Where a nonresidential use is contiguous to a residential use or zone, there shall be a landscaped buffer strip along the perimeter of the property where it is contiguous to such residential property or zone. Such buffer strip shall be at least 10 feet in depth measured from the residential property line. The ten-foot width of the buffer strip shall be used as a planting strip on which shall be placed a fence and plant material (trees, shrubs, plants) a minimum of six feet in height. At least 50% of all planted materials shall be of evergreen species.
2.
The Planning Board, when analyzing commercial development applications, shall require the applicant to make a reasonable effort to provide harmonious architectural interrelationship of the front facade and signage of the application site, consistent with the front facade and signage of the existing structures on either side of the application site. This shall be accomplished by architectural renderings, comparative photographs, etc.
[Amended 11-9-2020 by Ord. No. 2020-1494]
3.
All elevators included in any project within this zone shall provide adequate width and length within the elevator car, and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Milltown Emergency Services Agencies.
i.
Permitted Signs.
1.
One facia or wall sign which is affixed to an exterior wall of the building and which projects outward from the wall to which it is attached no more than six inches and which does not extend above the parapet, eave or building facade. The maximum permitted facade sign height shall be 15 feet above the front sidewalk elevation. The area of one side of a facia sign shall not exceed an area equal to 5% of the ground floor building facade area.
2.
Barber poles located at barber shops. Traditional barber poles which revolve are permitted.
3.
No neon sign or similar illuminated advertisement shall be of such a color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar official safety or warning device.
4.
One wall sign shall be permitted on any side or rear wall not facing adjoining a residential use or zone. Such wall sign shall not exceed 10 square feet, may not be lighted.
5.
Unless a specific sign is expressly permitted in this zone, it shall be deemed prohibited.
6.
Awnings and Awning Signs. Awnings shall be permitted subject to the following provisions:
(a)
Fixed or retractable awnings are permitted at the ground floor level and on upper floor levels where appropriate, provided they complement a building's architectural style, are compatible with its materials, colors and details, and do not conceal a building's architectural features.
(b)
Awnings shall be constructed of fire-resistant canvas material; iridescent/reflective or DayGlo™ colors will not be permitted. Frame construction shall be of aluminum or rust-resistant metal.
(c)
Signage shall be permitted on the awning. If the letters and numbers do not exceed four inches in height and if these letters and numbers do not exceed five square feet in total area and should there be no additional lettering or graphics on the awning, then this sign shall be excluded from the maximum wall signage area permitted.
(d)
Both wall and awning signs may be permitted; however, the maximum signage area permitted for all signs shall not be exceeded by the combined wall and awning sign areas.
(e)
Awning signage which is not located on the vertical fringe area or which exceeds four inches in height or five square feet in area as described in paragraph (c) above shall be considered as a wall sign and subject to the requirements of wall signs.
(f)
The bottom of the awning shall be at least eight feet above grade level. The edge of the awning shall not be more than four feet from the wall or 50% of the width of the sidewalk, whichever is less; provided that the edge of the awning shall be at least two feet from the curbline.
(g)
Lighting of the awning, signage on the awning or the area under its canopy is permitted and shall comply with the regulations contained in Article XVIII Planning Performance Standards, Specific Standards, Section A23-Signs.
(h)
Awnings and/or awning signs in existence when this ordinance amendment was adopted may be continued on the lot or structure although they may not conform to this chapter, and may be maintained, restored or repaired in the event of partial destruction, provided that the awning and/or signage on the awning shall not be enlarged, extended, relocated, converted or altered except in conformity with this chapter.