North Haledon City Zoning Code
ARTICLE V
Business Districts
§ 600-16 Permitted uses in B-1 Business District.
A.
No building, structure, area, lot or land shall be used, in whole or in part, for other than one or more of the following specified uses in the B-1 Business District:
(1)
All uses permitted under residential districts, Article IV, Restrictive Adjacent Residential Zone. Any lots used for residential purposes in this district shall be subject to all restrictions and limitations of the RA-2 District.
(2)
Shopping centers, supermarkets, department stores and similar retail sales establishments, restaurants, housed within a permanent structure, banks, post offices, business and professional offices, new automobile salesrooms, public utilities, research, cannabis testing laboratories, offices and showrooms and commercial greenhouses. In the permitted retail sales establishments, merchandise on the premises shall be carried primarily for sale at retail only.
[Amended 5-9-1990 by Ord. No. 5-1990; 3-15-2023 by Ord. No. 8-2023]
(3)
Children's recreational facility, up to and including children no older than 14 years.
[Added 10-18-2017 by Ord. No. 26-2017]
§ 600-17 Permitted uses in B-2 Business District.
A.
No building, structure, area, lot or land shall be used, in whole or in part, for other than one or more of the following specified uses in the B-2 Business District:
(2)
Retail stores, personal service establishments, including but not limited to tailor shops, shoe shops and barbershops, beauty parlors, retail dry-cleaning pickup and delivery shops, butcher shops, radio and television repair shops, taverns, tearooms and lunchrooms, restaurants, stores and display rooms of building grade contractors or similar tradesmen and boardinghouses or lodging houses. In the permitted retail stores, merchandise on the premises shall be carried primarily for sale at retail only.
[Amended 5-9-1990 by Ord. No. 5-1990]
(3)
Garages and filling stations, subject to the following provisions:
(a)
No entrance or exit drives shall be located within 500 feet of a public entrance to a church, school, parish house, public library, firehouse, municipal building, public park, playground, public recreation area or structure.
(b)
No automobile repair work, except emergency repair work, shall be done out of doors.
(c)
No used automobile parts, dismantled vehicles and similar articles shall be stored within a building.
(d)
No gasoline, fuel oil or other oil pump, car lift, grease pit or other greasing mechanism and no other service appliance installed in connection with a filling and/or service station garage, public or private commercial, fuel oil station or depot or bus terminal shall be installed within 30 feet of any street line of any street, road or highway, and no gasoline storage tank or pump shall be permitted within any building.
B.
The word "store" as used herein is not intended and shall not be construed to include or permit establishments handling or storing coal, oil, lumber, sand, gravel, stone, brick, terra-cotta, masonry materials, building materials, steel, scrap metal, scrap paper, rags or bulk structural materials or general storage warehouse within a B-2 Business District. However, the storage of materials in connection with the activities of a contractor or similar tradesman may be permitted in the B-2 Business District if such materials are of the finish-type and completely stored inside the building.
C.
The B-2 Affordable Housing Overlay Zone District is hereby established.
[Added 3-18-2020 byOrd. No. 5-2020]
(1)
The Zoning Map shall be and is hereby amended and supplemented by the addition of the B-2 Affordable Housing Overlay Zone, incorporating the following properties into said overlay zone: Block 34.01, Lots 1, 2, 2.01, and 3; Block 35, Lot 1; Block 18.01, Lots 5, 7 and 12; and Block 29, Lots 9, 12, 13 and 14.
(2)
The purpose of the zone is to provide a realistic opportunity to address the Borough's unmet affordable housing need obligation.
(3)
The principal permitted uses for this said overlay zone is mixed use buildings with any permitted use in the underlying B-2 Business District and multifamily residential, multifamily senior housing and age-restricted housing, and special needs housing on the upper floors.
(4)
Affordable housing set-aside. A minimum of 15% of the multifamily housing constructed for rental purposes and a minimum of 20% of the multifamily housing constructed for sale purposes shall be set aside for affordable housing deed restricted units. All affordable units created under this subsection will be affordable to very-low-, low- and moderate-income households in accordance with the rules at N.J.A.C. 5:93-1 et seq. ("COAH's Second Round rules"),[1] the Borough's Affordable Housing Ordinance, and the Uniform Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter 93, Substantive Rules of the New Jersey Council on Affordable Housing for the Period Beginning June 6, 1994, expired on 10-16-2016.
(5)
Area and bulk regulations that are set forth in the Zoning Area and Limiting Schedule shall apply to development proposed under this overlay district.[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 600-18 Prohibited uses.
[Amended 10-17-2001 by Ord. No. 18-2001; 5-20-2009 by Ord. No. 13-2009; 4-17-2019 by Ord. No. 13-2019; 3-18-2020 by Ord. No. 5-2020; 4-17-2024 by Ord. No. 12-2024]
A.
In both business districts, no building, structure or premises shall be used, and no building shall be erected, arranged, altered, modified, designed or intended to be used for any of the following trades, businesses or uses, except that residential uses shall be allowed in the B-2 Affordable Housing Overlay Zone District.
(1)
Animal zoos, exhibits, rides or farms, indoor or outdoor.
(2)
Living quarters, apartments, bedrooms, etc., in connection with buildings and structures for business use.
(3)
Carpet, bag, rag or waste material cleaning or baling, dry-cleaning or dyeing works or commercial laundries.
(4)
Carting, hauling, express or trucking storage yards or buildings, transfer docks or yards.
(5)
Contractors' plants or storage yards, machinery or equipment storage.
(6)
Livery or boarding stables, pet stores, kennels, or animal hospitals, except that in the customary services provided by a licensed veterinarian, overnight stays of a household pet shall be permitted at the office of such veterinarian as may be deemed necessary due to sickness or recovery process.
(7)
Metal or woodworking shops, body works, body repairs, monument works or stoneyards.
(8)
Bottling works, dairies, milk plants or distribution stations.
(9)
Food and/or drink stands or other stands or businesses dispensing food and/or drinks through an opening of an exterior wall of a building or providing service on the premises, except an outdoor café, and food and/or drink establishments located in B-1, B-2, and the RDZ zones.
(a)
Permitted hours of drive-through operation shall be 6:00 a.m. to 10:00 p.m.
(b)
Drive-through operation shall be limited to coffee-based businesses.
(c)
Prior to the issuance of a permit for a drive-through, a site plan approval shall be required from the Planning Board.
(d)
Design requirements.
[1]
Drive-through lanes shall be a minimum of 12 feet in width.
[2]
Order boards adjacent to the drive-through lane shall have sound-attenuation devices, and illumination thereof will cease at 10:00 p.m. No sign shall be higher than eight feet nor have a surface area larger than 32 square feet.
[3]
A bypass lane shall be provided adjacent to the drive-through lane.
[4]
Vehicle stacking in the drive-through lane shall accommodate at least four vehicles.
(10)
Any kind of manufacture, treatment, baking or making of products not clearly incidental to the conduct of a permitted retail business conducted on the premises.
(11)
Selling food or any other merchandise from outdoor stands, carts, open storefronts, etc.
(12)
Refilling, filling or storage of liquefied petroleum gas containers.
(13)
Wholesale distribution and/or storage of gasoline, fuel oil or other fuel or petroleum products.
(14)
A business, trade or use that is noxious or offensive by reason of the emission of odors, dust, smoke, gas or noise or that is dangerous to public health or safety in the judgment of the Mayor and Council.
(15)
Outdoor storage of supplies, stock, materials, equipment of any kind, etc. Refuse, rubbish, waste, etc., shall be stored in metal containers and in completely enclosed rooms or closets, the doors of which shall open directly to the outside.
B.
Only hand, air, water or electric power shall be used for operating any machinery incidental to a permitted use.
C.
Excluded, also, is the installation of individual gasoline and fuel tanks for the servicing of motor vehicles.
§ 600-19 Accessory uses.
A.
Within both business districts, the following accessory uses shall be permitted:
(1)
Garages, private only.
(4)
Storage of automobiles, trucks and other vehicles, materials or supplies, equipment, etc., within a completely enclosed building only.
(5)
Outdoor cafes. An outdoor cafe shall only be permitted as an accessory use to a restaurant and only in accordance with the following standards:
[Added 5-20-2009 by Ord. No. 13-2009]
(a)
Zoning approval required.
[1]
Approval for an outdoor cafe shall be obtained by filing an application for approval with the Zoning Administrator. Approval shall be granted if the application complies with the standards set forth in this section.
[2]
The applicant shall provide all information required hereunder and in addition shall provide a sketch of the proposed location of the outdoor cafe. The sketch shall reasonably inform the Zoning Administrator of the placement of tables, chairs or other equipment as well as the location of any trash containers for use in conjunction with the outdoor cafe.
[3]
Approval shall be granted for a one-year basis and any subsequent applications for renewal shall be approved, provided there are no substantial changes to the previously approved application, nor any violations of state liquor laws or of the Borough Code. Any substantial change shall be reported to the Zoning Administrator at the time of the annual renewal.
(b)
Design standards.
[1]
The outdoor cafe shall be located directly in front of the restaurant but may be located in the side or rear yard area of the same where such would not violate any setback requirement applicable in the zoning district.
[Amended 10-20-2021 by Ord. No. 18-2021]
[2]
Where located in a front yard, a minimum of five feet of unobstructed paved surface area shall be available for pedestrian traffic around or through the cafe.
[3]
Doors leading from the restaurant shall not be obstructed.
[4]
Each approval holder is responsible for keeping the area of the outdoor cafe and adjacent walks and streets free from any debris or litter occasioned by the cafe. Areas must be cleaned as needed and at the time that the business is closed and at the beginning of each business day, but not later than 9:00 a.m.
[5]
No vending machines of any kind are permitted on the exterior of any building operating as an outdoor cafe.
(c)
Operation.
[1]
Outdoor cafes shall be permitted to operate from May 1 through October 31 of each year.
[Amended 10-18-2017 by Ord. No. 25-2017; 10-20-2021 by Ord. No. 18-2021]
[2]
No tables, chairs or other equipment shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property of the Borough. All tables, chairs, umbrellas and other appurtenances shall be kept in a neat and orderly manner as determined by the Property Maintenance Officer.
[Amended 10-20-2021 by Ord. No. 18-2021]
[3]
The approval holder shall not direct or permit to be directed from the area of any outdoor cafe any bell, chime, siren, whistle, loudspeaker, public address system, radio or similar device.
[4]
All persons occupying the outdoor dining area shall vacate the area no later than 9:30 p.m.
[Amended 10-18-2017 by Ord. No. 25-2017]
[5]
In recognition of the parking requirements associated with the restaurant and outdoor cafe, no more than 50% of the indoor seats of the restaurant to which the outdoor cafe belongs shall be permitted in the outdoor area. No additional parking spaces shall otherwise be required.
[Amended 10-20-2021 by Ord. No. 18-2021]
[6]
The service of alcoholic beverages in any outdoor seating area shall be in strict conformance with all applicable rules or regulations, including restrictions on any license held by the restaurant of which the cafe is a part.
B.
The use of house trailers, or any other trailers, for any purpose, the parking of trailers in both business districts and the use of temporary structures or mobile units, vending units, etc., for the dispensing of or conducting of business in any way, form or shape shall be prohibited.
C.
The erection of individual exterior telephone or information booths, and any other similar compartments or stands, shall be subject to a special permit from the Planning Board. Such permits shall cover the type of construction and location of the booth.
§ 600-20 Building regulations.
A.
Not more than one principal building shall be erected on any one lot.
B.
Every building, structure or area hereafter used in all business districts shall conform to the requirements set forth in the accompanying Zoning Area and Limiting Schedule.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
No permit shall be issued for construction of any building permitted in all the business districts unless the parcel fronts upon an improved street or until the Council has certified the suitable improvements.
E.
Outdoor lighting, if provided, shall be so arranged as to avoid undue glare upon abutting properties.