Montgomery City Zoning Code
§ 16-4.5
NC Neighborhood Commercial.
[Ord. #85-482, S 405; Ord. #88-584, S III K-N; Ord. #90-674, S 2; Ord. #92-746, SS 2, 3; Ord. #95-945, S 2; Ord. #98-932, S 1; Ord. #98-933, S 3; Ord. #04-1170, S 4; Ord. #07-1243, S 2; Ord. #11-1375, SS 1,2; Ord. #12-1418, S 4]
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Retail sales of goods and services.
2.
Banks, including drive-in facilities.
3.
Offices and office buildings.
4.
Restaurants.
5.
Child care centers licensed by the Department of Human Services pursuant to P.L. 1983, c. 492 (C. 30:5B-1 et seq.).
6.
Small animal hospitals within a neighborhood shopping village only, excluding outside facilities and kennels.
7.
Neighborhood shopping villages comprised of some or all of the preceding uses, plus the required addition of residential flats which are to be located within the 1 1/2 stories above the permitted uses located on the first floor in accordance with the provisions specified in Subsection 16-4.5e hereinbelow.
b.
Accessory Uses Permitted.
2.
Off-street loading (See Subsection 16-4.5i hereinbelow for the specific off-street loading requirements for the NC District).
3.
Fences and walls (See Subsection 16-5.3 of this chapter for the design requirements for fences, walls, sight triangles and guiderails).
5.
Garages and storage buildings.
7.
Temporary construction trailers and one temporary sign not exceeding 32 square feet in area, either attached to the trailer or freestanding, which advertises the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction beginning with the issuance of a construction permit and ending with the issuance of a certificate of occupancy or one year, whichever time period is less. The temporary construction trailer(s) and temporary sign shall be located on the site where the construction is taking place and shall be set back at least 30 feet from all lot lines and from the right-of-way lines of all existing and proposed streets. There shall be at least one operating telephone within the trailer.
9.
Small wind, solar or photovoltaic energy systems for the production of electric energy to serve the principal permitted use on the lot, provided the applicable requirements in Subsection 16-6.10 are met.
10.
Unconnected drive-in bank building/structure, provided the following requirements are met:
[Added 3-21-2019 by Ord. No. 19-1604]
(a)
The floor area/footprint of the unconnected bank drive-in, measured as the horizontal area of the smallest rectangle that can encompass the building/structure, or combination of both, shall not exceed 20% of the total floor area of the main bank building.
(b)
The bank drive-in building/structure shall be located in a rear yard.
(c)
No parking area(s) located on the lot, which provide parking for the bank, shall be located in a front yard.
(d)
The bank drive-in building/structure shall comply with the bulk and spatial regulations for accessory buildings/structures in the zone in which it is located.
c.
Maximum Building Height.
1.
Principal Buildings. No principal building shall exceed 30 feet and 2 1/2 stories in height, except that a principal building in which residential flats are located shall not exceed 35 feet in height, and except as further allowed in Subsection 16-6.2b of this chapter, the General Exceptions and Modifications for height limits.
2.
Accessory Buildings. No accessory building shall exceed 25 feet in height and two stories unless a lower height is required in accordance with other provisions of this chapter.
d.
Area and Yard Requirements.
Principal Building Minimum Requirements | Individual Uses | Neighborhood Shopping Villages |
|---|---|---|
Lot area | 1/4 ac (10,890 sf) | 3 1/3 ac (145,200 sf) |
Lot frontage | 100 feet | 550 feet (1) |
Lot width | 100 feet | 550 feet |
Lot depth | 100 feet | 240 feet |
Front yard | 15 feet | 40 feet |
Side yard (each) | 15 feet | 40 feet (2) |
Rear yard | 20 feet | 40 feet |
Accessory Building Minimum Requirements | Individual Uses | Neighborhood Shopping Villages |
|---|---|---|
Distance to front lot line | 15 feet | 65 feet |
Distance to side lot line | 10 feet | 40 feet (2) |
Distance to rear lot line | 10 feet | 40 feet |
Accessory Building Minimum Requirements | Individual Uses | Neighborhood Shopping Villages |
Distance to other building | 15 feet | 30 feet |
Floor Area and Coverage Maximum Requirements | Individual Uses | Neighborhood Shopping Villages |
|---|---|---|
Floor area ratio (F.A.R.) | 0.20 | 0.15(3) |
Building coverage | 15% | 10% |
Lot coverage | 55% | 45% |
Footnotes for Subsection 16-4.5d hereinabove | |
(1) | The minimum 550 feet of frontage must be along either Route 518 or Route 206. |
(2) | Except that the side yard setback shall be 70 feet from any common property line with a residential zoning district. |
(3) | The permitted 0.15 Floor Area Ratio (F.A.R.) shall be comprised both of the permitted nonresidential uses to be located only on the first floor and required residential flats to be located within the 1 1/2 stories above the permitted nonresidential uses in accordance with the provisions specified within Subsection 16-4.5e hereinbelow. The F.A.R. of the permitted nonresidential uses on the first floor shall not exceed 0.1 and the F.A.R. of the required residential flats within the 1 1/2 stories above the permitted nonresidential uses shall not exceed 0.05. |
e.
Requirements for the Required Residential Flats Within a Neighborhood Shopping Village.
1.
Residential flats are required within a neighborhood shopping village and shall be located within the 1 1/2 stories above the permitted nonresidential uses on the first floor.
2.
Residential flats must occupy a gross floor area equivalent to between 1/3 and 1/2 of the total gross floor area within the first floors of all buildings within the Neighborhood Shopping Village.
3.
Each residential flat shall have access via an internal hallway within the building, and all access stairways also shall be enclosed within the building.
4.
Each residential flat shall contain one bedroom only, and any "den," "studio" or other such room shall not have either a door or a closet. The minimum net habitable floor area of a one bedroom unit shall be 600 square feet.
f.
Requirements for all Buildings Within the NC District.
1.
All buildings within the NC District shall have a dual pitched, single ridge roof (such as gable, hip, gambrel or mansard roof) with a minimum pitch of one foot vertical to eight feet horizontal, and no flat roof shall be permitted; provided, however, that where roof mounted equipment is necessary and/or preferable for the operation of the building, a facade roof treatment exhibiting the appearance of such a dual pitched, single ridge roof may be permitted if specifically approved by the Planning Board or Zoning Board of Adjustment, as the case may be, as part of a submitted site plan application for development.
2.
All portions of all buildings shall be compatibly designed with a common architectural motif, whether constructed at one time or in stages over a period of time. The architectural design and material surface and color of all building walls on all sides of all buildings shall be suitably finished for aesthetic purposes in a manner consistent with the surface materials existing within the neighborhood.
3.
Any principal building may contain more than one principal use, provided that the total floor area ratio and lot coverage of the combined uses does not exceed the maximum requirements specified in Subsection 16-4.5d hereinabove and, furthermore, that each use occupies a minimum gross floor area of 750 square feet.
4.
No building in the NC District shall exceed 5,000 square feet of gross floor area, whether located as the only building on a lot or located with other buildings on a lot as part of a permitted neighborhood shopping village, except that the 5,000 square foot restriction shall not include the floor area devoted to the required residential flats in a building within a neighborhood shopping village.
5.
More than one principal building shall be permitted only on a lot specifically approved by the Planning Board for a permitted neighborhood shopping village provided that, to the extent practicable, the placement of the buildings shall be staggered, with varying building setbacks and with the orientation of the buildings situated at angles to one another and/or otherwise designed to promote a non-linear appearance.
g.
General Requirements for the NC District.
1.
No merchandise, products, equipment or similar material and objects shall be displayed or stored outside.
2.
Solid waste not stored within a building may be stored outside within an enclosed container as specifically approved by the Planning Board or Zoning Board of Adjustment, as the case may be, and in accordance with the recycling requirements of Somerset County.
3.
All portions of a lot not covered by buildings or structures (e.g., parking lots, parking spaces, loading areas, access aisles, driveways, sidewalks, walkways, curbs, trash enclosures, etc.) shall be suitably landscaped with grass, shrubs, and trees and shall be maintained in good condition. In any case, no less than 45% of the area of any lot developed with an individual use and no less than 55% of the area of any lot developed with a neighborhood shopping village shall be so landscaped, and the landscaped area may include approved detention and/or retention basins and approved septic fields.
4.
Within the side and rear yard setback areas, a minimum buffer screening shall be required along any common property line with a residential zoning district in accordance with the following:
(a)
For individual uses, the buffer screening shall be at least 10 feet in width;
(b)
For neighborhood shopping villages, the buffer screening shall be at least 25 feet in width;
(c)
The buffer screening shall consist of densely planted evergreen trees at least six feet high at time of planting and spaced no more than 10 feet apart on-center; and
(d)
No parking area, loading area, driveway or structure, except for approved accessways and fencing integrated with the landscaping plan and as approved by the Board, shall be permitted within the required area for the buffer screening.
5.
Within the NC District, no parking, loading area, driveway or other structure (except for approved accessways and fencing) shall be permitted within 10 feet of any property line and in the front yard area between the street and principal building, except that parking may be permitted in the front yard area for individual uses only (not for neighborhood shopping villages) in accordance with the following:
(a)
The Planning Board or Zoning Board of Adjustment, as the case may be, may approve off-street parking in front yard areas for individual uses only where the existing development on the subject property (e.g., an existing building set back an excessive distance from the abutting street right-of-way) creates a practical difficulty in locating the required off-street parking in rear and/or side yard areas;
(b)
A minimum parking setback of 20 feet to any street line shall be provided, where feasible, and shall be planted and maintained in lawn area or ground cover and shall be landscaped with trees and shrubbery as approved by the Board; and
(c)
When approving the location of off-street parking in front yard areas for individual uses, the reviewing Board must find that parking may be located within the front yard area without adversely affecting neighboring properties.
h.
Minimum Off-Street Parking. Each individual use shall provide parking spaces according to the following minimum provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by computing individually the parking requirements for each different activity and adding the resulting numbers together.
1.
Retail sales and service uses, banks, offices and small animal hospitals shall provide parking at the ratio of one parking space per 200 square feet of gross floor area or part thereof. Additionally, drive-in banks shall provide room for at least 12 automobiles per drive-in window for queuing purposes.
2.
Restaurants shall provide one parking space for every three seats, but in all cases, a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways, fire lanes and aisles.
3.
Child care centers shall provide parking at a ratio of one parking space per employee plus one additional parking space for every eight children. Adequate spaces shall be provided for the loading and unloading of children which shall take place on-site and not in the public right-of-way.
4.
Residential flats shall provide parking at the ratio of one parking space per dwelling unit, with the understanding that there will be some shared parking between the residential flats and the permitted nonresidential uses.
5.
Parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s), where feasible, to minimize access points to the street.
i.
Off-Street Loading.
1.
Each principal building or group of buildings shall provide at minimum one off-street loading space at the side or rear of the building or within the building. Any loading dock space shall be at least 15 feet in width by 40 feet in length with adequate ingress and egress from a public street and with adequate space for maneuvering. Additional spaces may be necessary and required dependent upon the specific activity. There shall be no loading or unloading from the street.
2.
There shall be at least one trash and garbage pick-up location within convenient access to the building being served, including provisions for the separation and collection of recyclable materials in accordance with the recycling requirements of Somerset County and in accordance with the following:
(a)
The trash and garbage pick-up location shall be provided either within the building being served or in a pick-up location outside the building;
(b)
If located within the building, the doorway may serve both the loading and trash/garbage functions, and if located outside the building, it may be located adjacent to or within the general loading area(s) provided the container in no way interferes with or restricts loading and unloading functions; and
(c)
If located outside the building, the trash and garbage pick-up location shall include a steel-like, totally enclosed trash and garbage container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of all three.
j.
Permitted Signs.
1.
Each principal building not part of a neighborhood shopping village may have one freestanding sign plus each principal permitted use may have one attached sign, provided and in accordance with the following:
(a)
Any freestanding sign shall not exceed 20 square feet in area, shall be set back at least 10 feet from any street right-of-way line and 15 feet from any other property line and shall not exceed eight feet in height.
(b)
Each principal first floor use in a building with direct access from the outside shall be permitted a sign attached flat against the building at or directly above the entrance to the individual use. The size of each such attached sign shall not exceed 1/2 square foot of sign area per one linear foot of building facade fronting on a street and occupied by the individual use, but in no case shall the size of the sign exceed 25 square feet in area. The combined size of all such attached signs on one facade of a building shall not exceed an area equivalent to 50 square feet.
(c)
For corner lots, one additional attached sign is permitted for a principal use within the building which faces the additional street, provided that the sign shall not exceed 1/2 square foot of sign area per one linear foot of building facade fronting on said street, but in no case shall the size of the sign exceed 20 square feet in area.
(d)
Second floor principal uses facing and having direct access from the outside shall be permitted one attached sign at the entrance to the use. The sign shall not exceed four square feet in area.
2.
Each neighborhood shopping village may have one freestanding sign not exceeding 30 square feet in area set back at least 10 feet from any street right-of-way line and 25 feet from any other property line and shall not exceed eight feet in height.
3.
Additionally, each individual use in a principal building within a neighborhood shopping village occupying at least 750 square feet of segregated habitable floor area with direct access from the outside shall be permitted a sign identifying the name of the use attached flat against the building at or above the entrance to the individual use. The size of each such attached sign shall not exceed one-half square foot of sign area per one linear foot of building frontage occupied by the individual use, but in no case shall the size of the sign exceed 25 square feet in area.
4.
All signs shall be wood painted, and all signs shall utilize black letters painted upon a white or cream colored background unless otherwise specifically approved by the Planning Board or Zoning Board of Adjustment, as the case may be.
5.
Any sign illumination shall be external to the sign and shall be designed, oriented and maintained to prevent any sight of the lamp from any street or neighboring properties.
6.
All signs shall be reviewed by the Montgomery Township Landmarks Preservation Commission in accordance with Subsection 16-13.17a5 of this chapter, and the recommendations of the Landmarks Preservation Commission shall be forwarded to the Planning Board or to the Zoning Board of Adjustment, as the case may be.
7.
All principal uses are permitted signs in accordance with Subsection 16-5.13 of this chapter; however, notwithstanding any provision of this chapter to the contrary, no signs shall be permitted in any windows except for a sign not exceeding one square foot in area indicating the hours of operation or the "open"/"closed" status.