Pennington City Zoning Code
ARTICLE VIII
Conditional Uses
§ 215-79 Specifications and standards.
A.
Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Borough, and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses.
B.
In addition to the specific requirements for particular uses as listed in subsequent sections of this article, the Planning Board in its review shall also be guided by the following:
(1)
The use for which application is being made is specifically authorized as a conditional use in Article VIII for the zone in which located.
(2)
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
(a)
Character of the neighborhood and zone.
(b)
Conservation of property values.
(c)
Health and safety of residents or workers in the area.
(d)
Potential congestion of vehicular traffic or creation of undue hazard.
(e)
Principles and objectives of this chapter, the Borough Master Plan and related plans, such as the Northwest Quadrant Design Plan.
C.
In accordance with N.J.S.A. 40:55D-67, the Planning Board shall have the authority to approve or deny conditional uses under the requirements and standards established by this chapter.
D.
Applications for conditional uses shall be approved or denied by the Planning Board within 95 days of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to in writing by an applicant.
E.
Applications for conditional uses shall include the information required for preliminary approval in Chapter 163, Site Plan Review, and any additional information as is necessary to show compliance with this chapter.
F.
Approval of the application may be made subject to conditions or information to be supplied or confirmed at a later time. Where County review is required, the Planning Board shall condition any approval it grants upon the timely receipt of a favorable report by the County Planning Board.
G.
In addition, such conditional uses shall adhere to the minimum requirements specified for the applicable zone in the Schedule of Area, Yard and Building Requirements[1] and/or to such additional requirements or modifications as provided under § 215-80.
[Amended 6-6-1983 by Ord. No. 355]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included as an attachment to this chapter.
§ 215-80 Public utility uses.
[Amended 12-3-2007 by Ord. No. 2007-12]
Nongovernmental public utility uses, such as water filtration plants, pumping stations, sewerage treatment facilities, electric substations, telephone exchanges and repeater stations, but no service or storage yards, shall be subject to the following:
A.
Proof is furnished that the proposed installation in the specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service to the neighborhood or area in which the facility is to be located.
B.
The design of any building or structure required for such use conforms to the general character of the area in which it is located.
C.
Adequate and attractive fencing and landscaping will be provided and periodically maintained.
D.
The lot on which it is located is sufficient in size to adequately accommodate the proposed facility, together with any parking space required to serve the facility, without any of the structural portions of the use or parking facilities being unduly close to adjacent properties.
§ 215-81 Cannabis retailers, medical cannabis dispensaries and cannabis delivery services. [1]
[Added 8-9-2021 by Ord. No. 2021-9]
A.
A total of no more than two cannabis retailers and medical cannabis dispensaries may be permitted to operate in the B-H Highway Business and O-B Office Business Zoning Districts combined. At least one place in one of the two zones must be reserved for a medical cannabis dispensary. If no medical cannabis dispensary seeks to locate in one of the two zones, the total combined number of cannabis retailers in the two zones shall not exceed one, however distributed.
B.
Cannabis delivery services shall not be limited in number but shall be permitted only in the B-H Highway Business, O-B Office Business and MU-1 Mixed Use Zoning Districts.
C.
The floor area of a cannabis retailer or medical cannabis dispensary shall not exceed 2,500 square feet.
D.
The cannabis retailer and medical cannibis dispensary (hereafter referred to together as "licensed retail facility") shall comply with the following restrictions and performance standards affecting the location, manner and times of operation:
(1)
The operating hours of the licensed retail facility shall be between 9:00 a.m. and 8:00 p.m. daily. It shall be unlawful for any person to sell or dispense cannabis or cannabis products in any licensed retail facility at any time other than between these hours.
(2)
The licensed retail facility shall be accessible directly from a right-of-way through a separate entrance independent from any other retail ingress.
(3)
No cannabis product shall be visible from a public sidewalk, public street or right-of-way or any other public place.
(4)
All cannabis products shall be stored securely indoors and on site.
(5)
Consumption of cannabis products, by any means of ingestion, shall not be permitted in the licensed facility or adjacent grounds.
(6)
A licensed retail facility shall plan and implement odor control measures, including carbon-filtered ventilation, sufficient to mitigate cannabis-related odors emanating from the interior of the facility. The ventilation system must be approved by the Borough Board of Health.
(7)
A licensed retail facility shall develop and implement security protocols sufficient to secure the facility and its contents and protect the safety of customers, employees and the public. These security protocols shall be reviewed by the Pennington Borough Police Department, which in its discretion may, after inspection of the location, recommend or require additional safety and security measures.
(8)
At a minimum, the following security measures must be undertaken:
(a)
A video recording security system shall be employed covering all areas of the facility and the exterior of the building with a 24/7 recording system that records for a minimum thirty-day archive.
(b)
The facility and adjacent right-of-way shall be monitored by staff and kept free of loitering, litter and other debris, and the sidewalks if applicable shall be swept and cleaned on a regular basis.
E.
A licensed cannabis delivery service shall comply with the following restrictions and performance standards affecting the location, manner and times of operation:
(1)
Time of operation shall be limited to such times as prescribed by the Cannabis Regulatory Commission.
(2)
The cannabis delivery service shall comply with the restrictions and standards provided above for licensed retail facilities to the extent applicable to the operations and facilities of the delivery service.
(3)
Cannabis items handled by or through a cannabis delivery service shall be securely packaged and properly labeled and tracked in accordance with regulations promulgated by the State Cannabis Regulatory Commission.
F.
Both licensed retail facilities and cannabis delivery services shall comply with the following requirements:
(1)
The design of any building or structure required by the licensed facility or service shall conform to the general character of the area in which it is located.
(2)
The facility shall provide off-street parking adequate for the needs of its customers and employees, subject to the requirements for off-street parking facilities established by Article II, General Regulations. In determining the total parking space requirement, the Planning Board may be guided by expert testimony and the plan of operation for the facility.
(3)
Site access shall be located in order to direct primary traffic flow to nonresidential areas.
G.
Approval of an application by a cannabis retailer, cannabis delivery service or medical cannabis dispensary for issuance or renewal of licensure or permitting shall require a resolution of Borough Council approving the application and informing the Cannabis Regulatory Commission that the applicant complies with Borough restrictions on the number of such businesses and the location, manner and times of operation. Such resolution shall also be a requirement of conditional use approval under this Article VIII.
[1]
Editor's Note: Former § 215-81, Dwelling conversions, was repealed 9-11-2000 by Ord. No. 2000-6.
§ 215-82 Schools and institutions of higher learning.
Schools, including institutions of higher learning, which are not conducted as a business, shall be subject to the following:
A.
A minimum site area of five acres is provided. In addition thereto, one acre shall be provided for each 100 pupils of maximum capacity.
B.
The lot coverage does not exceed 40%.
[Amended 6-1-1992 by Ord. No. 514]
C.
No structure is located within 100 feet of a street or property line.
D.
Off-street parking is provided at a rate of two spaces for each classroom or teaching station.
§ 215-83 Motor vehicle service establishments
Motor vehicle service establishments shall be subject to the following:
A.
A minimum lot area of 15,000 square feet shall be provided, together with a minimum lot width of 100 feet. In addition, if the Planning Board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard or other such considerations, is such that a larger site is in the public interest, then it shall impose such additional requirement.
B.
Such lot shall be located within the following limitations:
D.
All fuel tanks or other such containers for the storage of flammable materials, either liquid or solid, shall be installed underground at sufficient depth to ensure against hazard of fire or explosion.
E.
Parking facilities shall be maintained as follows:
(1)
Two square feet of space for each square foot of floor area in the primary building.
(2)
Where such parking areas abut a residential zone, they shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which in the opinion of the Planning Board will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of four feet above finished grade at the highest point of the parking lot. The materials used shall be in keeping with the character of the adjacent residential area.
(3)
Driveways to parking areas shall be limited to two for each 100 feet of frontage. Such driveways shall not be less than 24 feet in width. Driveways shall intersect public streets at right angles, wherever possible.
(4)
No area on the lot which is required for the movement of vehicles in and about the building and facilities shall be used for complying with the parking requirements of this section.
F.
Accessory goods for sale may be displayed out of doors on the pump island and building island only and shall be stored in a suitable rack or container.
§ 215-84 Swimming clubs and recreational groups.
Swimming clubs and similar forms of recreation groups, operated on a nonprofit membership basis shall be subject to the following:
A.
Proof is furnished to the Planning Board that the proposed use is a bona fide nonprofit organization solely for the recreation and enjoyment of the membership.
B.
The lot area for the proposed use shall have a minimum area of three acres and sufficient frontage to provide proper access.
C.
Lot coverage shall not exceed 30%.
[Amended 6-1-1992 by Ord. No. 514]
D.
No building or active recreation facility area shall be located within 50 feet of a property line.
E.
The maximum membership limit of the organization shall be fixed at the time of application and shall be commensurate with the scale of facilities and the amount of land to be used. No further expansion of membership shall take place without supplemental application to the Planning Board.
F.
Off-street parking space shall be provided at a rate of one space for each four memberships and shall comply with all other general requirements of this chapter concerning parking areas.
§ 215-85 Churches.
Churches shall be subject to the following:
A.
The lot area shall not be less than three acres. In all other respects the proposed use shall comply with the yard and building requirements established by the Schedule of Area, Yard and Building Regulations for the zone in which located.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Regulations is included at the end of this chapter.
§ 215-86 Clubhouses.
Clubhouses shall be subject to the following:
A.
Proof is furnished the Planning Board that the proposed use is a bona fide nonprofit organization of the type defined in § 215-8 of this chapter.
B.
The lot area for the proposed use shall have a minimum total area of one acre, plus that required to accommodate the off-street parking, driveways and parking lot buffer areas specified in Subsection C below.
C.
Parking facilities shall be maintained as follows:
(1)
Off-street parking at the rate of one space for each two memberships.
(2)
Such parking areas shall be screened by a buffer area not less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which in the opinion of the Planning Board will be adequate to prevent the transmission of headlight glare across the property line. Such buffer screen shall have a minimum height of four feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(3)
Driveways shall be limited to two for each 100 required parking spaces. Such driveways shall not be less than 12 nor more than 24 feet in width and shall intersect public streets at right angles wherever possible.
D.
The design of any building or structure shall conform to the general character of the area in which it is located.
E.
Adequate and attractive landscaping will be provided and properly and periodically maintained.
F.
One sign, which may be illuminated from within by nonflashing light identifying the organization occupying the premises, shall be situated not less than 10 feet from the street line, shall not exceed four square feet in area on either of two sides and shall not be illuminated after the hour of 12:00 midnight nor before 5:00 p.m.
G.
All other requirements of the zone in which the use is located shall be met.
§ 215-87 Motor vehicle sales establishments.
[Amended 12-3-2007 by Ord. No. 2007-12]
Motor vehicle sales establishments shall be subject to the following:
A.
Buildings for motor vehicle establishments may, in addition to sale and display areas for motor vehicles, contain administrative offices, parts rooms and space for storage of motor vehicles for sale and repair and service and repair facilities incidental to the business of sale of motor vehicles.
B.
Front yards may be used only for landscaping, driveways and customer parking.
C.
As an accessory use, side and rear yard areas not devoted to required landscaping may be used for the storage of motor vehicles, provided that no motor vehicle parts and no wrecked or demolished vehicle shall be permitted to stand outside of the fully enclosed principal building, and further provided that side and rear yard areas used for the storage of motor vehicles shall be fully enclosed by a stockade or other similar fence six feet high and of such density as to shield such areas from public view.
D.
All areas over which motor vehicles may travel or stand shall comply with the requirements set forth in Article II, General Regulations.
E.
All vehicular repair, service and maintenance operations shall be conducted entirely within a fully enclosed building.
F.
Off-street parking shall be provided in accordance with the requirements for the zone in which located.
G.
Twenty percent of the lot shall be set aside and maintained with landscaping. Such areas shall not be used for any other purpose.
H.
The proposed use shall comply with all requirements of the Schedule of Area, Yard and Building Regulations for the zone in which located.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Regulations is included at the end of this chapter.
I.
Driveways shall be limited to two for each 200 feet of frontage on a public street. Such driveways shall be in accordance with the standards specified in Figure 1.[2] Wherever practical, acceleration and deceleration lanes shall be provided.
[2]
Editor's Note: Figure 1 is included at the end of this chapter.
§ 215-88 Motels.
Motels shall be subject to the following:
A.
The lot area proposed for the proposed use shall not be less than 2,000 square feet for each rental unit provided or 60,000 square feet, whichever is greater.
B.
Parking shall be provided at the rate of not less than 1 1/4 spaces for each rental unit, plus one space for each employee of the premises. Where related or accessory uses are provided on the same site (in addition to rental units), the required parking shall be computed separately in accordance with the applicable standards established by § 215-72D.
C.
All other standards and regulations established for the B-H Highway Business Zone in § 215-72 governing parking areas, garages, signs, loading and unloading, driveways and buffering, and all area, yard and building regulations established by the Schedule of Area, Yard and Building Regulations for the B-H Highway Business Zone shall be complied with by the motel development unless specifically modified by this section.
§ 215-89 Home occupations.
[Amended 5-7-1984 by Ord. No. 374; 9-8-1987 by Ord. No. 445]
Home occupations shall be subject to the following:
A.
The use of the property for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 20% of the total floor area of the dwelling unit shall be used in the conduct of the home occupation, except that in no case shall such use exceed 600 square feet.
B.
No person other than members of the household residing on the premises shall be engaged in the home occupation.
C.
The residential character of the lot and building shall not be changed; no occupational sounds shall be audible outside the building, and no equipment shall be used which will cause interference with any electrical equipment in neighboring residences.
D.
The home occupation use shall not require and shall not generate visits by customers, clients or deliveries in excess of a total of 10 visits per week.
E.
There shall be no exterior evidence of the home occupation other than one sign conforming to the requirements of Article III.
F.
The home occupation shall not necessitate the need to park more than two vehicles at any time in addition to those ordinarily used by the residents of the dwelling. Said vehicles shall be limited to passenger automobiles and must be parked off street and must conform to ordinance requirements.
H.
The conditional use approval shall terminate with any change in ownership of the property.
§ 215-90 Scientific or research laboratories.
Scientific or research laboratories shall be subject to the following:
A.
Scientific or research laboratory uses shall be limited to scientific investigation, engineering study, product development and similar or related activities not involving the manufacturing, sale, processing, warehousing, fabrication or distribution of material, products or goods except as may be incidental to the scientific or research laboratory use.
B.
The use shall not generate noise, radio activity, vibration, glare, smoke, odor, air pollution or dust in amounts exceeding that which might reasonably be expected to be generated by any permitted primary use.
C.
No open or outside storage of any kind shall be permitted, except that refuse for collection may be stored in suitably covered containers screened from public view.
§ 215-91 Health care facilities.
[Added 6-6-1983 by Ord. No. 355]
Health care facilities shall be subject to the following:
B.
Minimum site area shall be 10 acres.
D.
A landscaped buffer area of at least 30 feet width shall be provided within all minimum property line setback areas. Such buffer area shall provide a completely planted visual barrier (or provide equivalent existing natural growth) composed of evergreen plants and trees and/or shrubs arranged to form both a low-level and high-level visual screen.
E.
Loading space shall be provided as follows: one space for the first 25,000 square feet of gross floor area, plus one additional space for each additional 50,000 square feet or portion thereof.
G.
Conformance to the following performance standards shall be required:
(1)
Site access shall be so located so as to direct primary traffic flow to nonresidential areas.
(2)
Water use shall not exceed 1,000 gallons per day per acre.
(3)
The use shall not generate noise, glare, smoke or air pollution in amounts exceeding that which might reasonably be expected to be generated by any primary permitted use.
§ 215-92 Continuing-care retirement facilities.
[Added 6-1-1992 by Ord. No. 514; amended 11-4-1996 by Ord. No. 96-17; 12-3-2007 by Ord. No. 2007-12]
Continuing-care retirement facilities shall be subject to the following:
A.
Minimum tract area shall be seven acres.
C.
A landscaped buffer of at least 20 feet in width shall be provided within all property setback areas.
D.
Parking requirements. Sufficient off-street parking shall be required to meet the needs of the residents, employees and guests. In determining the total parking space requirements, the Planning Board may be guided by expert testimony of the applicant and the following:
E.
Other requirements:
(1)
Number of units:
(a)
The maximum number of single-family independent living units shall be 2.2 units per acre.
(b)
The maximum number of multifamily independent living units shall be seven units per acre.
(c)
The maximum number of residential health care (assisted living) units shall not exceed 100.
(d)
The maximum number of nursing beds shall not exceed the total permitted number of independent living units and residential health care units.
(e)
The Planning board may vary the above mix of unit types; however, the maximum permitted floor area ratio shall not exceed 0.35.
(2)
For facilities which extend into an adjacent development parcel in Hopewell Township conditional use approval for the Borough portion of the development shall be subject to a layout (traffic circulation, building location, parking and open space areas) for the total project acceptable to the Planning Board. Borough approval may be conditioned on township approval of the township portion and on an acceptable development schedule for the combined site areas. In such cases the Borough-township line need not be considered for property line setback purposes; however, all Borough standards shall be applied to the Borough portion only.
(3)
No direct vehicular access, other than for emergency purposes, shall be permitted to Knowles Street or to Route 31.
(4)
Formal site plan approval in accordance with Chapter 163, Site Plan Review. Site plan design shall locate the lowest density living units as transitional uses to adjacent off-tract residential areas.
(5)
Proof of any required licensing by the State of New Jersey.
(6)
The applicant shall designate an appropriate percentage of units, not to exceed 20% of total units, for occupancy as moderate-income housing as defined at N.J.A.C. 5:93-1.3. This percentage shall be based upon the current Borough affordable housing need as promulgated by the New Jersey Council on Affordable Housing (COAH) and the unmet prospective need units under that obligation. In lieu of the actual construction of said moderate-income housing units, the applicant shall pay to the Borough an affordable housing development fee in accordance with the COAH regulations appearing at N.J.A.C. 5:93-8.1 et seq.[1]
§ 215-93 Cluster developments.
[Added 6-1-1992 by Ord. No. 514]
Cluster developments shall be subject to the following:
A.
Minimum tract area shall be six acres.
B.
Maximum density shall be three units per gross tract acre.
D.
Common open space areas shall be retained by a homeowners' association. No structures shall be permitted in the common open space areas other than recreational uses designed for homeowner use only. At least one contiguous common open space area shall have a minimum of 40,000 square feet.
E.
Dwelling units shall have two-car garages. All structures shall have front and rear yard setbacks of at least 15 feet and one side yard setback of at least 10 feet. Front entry garages shall be set back at least 25 feet from the street pavement edge.
F.
No direct vehicular access, other than for emergency purposes, shall be permitted to New Jersey State Highway 31.
G.
The cluster plan shall include a landscaped buffer area along any Route 31 frontage. The objective of such buffer area shall be to help ameliorate potentially detrimental visual and noise impacts of this roadway.
H.
Cluster site layout and open space area arrangements shall be designed to preserve existing major tree stands and shall otherwise be found acceptable to the Planning Board in accordance with sound planning standards.
I.
Cluster roadways shall conform to Borough construction standards and shall accommodate project need, as determined by the Planning Board, but not to exceed existing design standards.
§ 215-94 Outdoor dining.
[Added 9-3-1996 by Ord. No. 96-13; amended 7-7-2008 by Ord. No. 2008-4]
Outdoor dining shall be subject to the following:
B.
The outdoor dining area may be located within a required front yard area. Encroachment within a Borough right-of-way may be permitted only with the revocable approval of Borough Council or its designated representative, which must be obtained annually.
C.
The outdoor dining area shall meet the side and rear yard setback requirements for the zone in which it is located. When abutting the R-80, R-100, R-A and O-R Zones, the minimum yard requirements for the abutted zones shall be met.
D.
The outdoor seating capacity of the facility shall conform to off-street parking requirements.
E.
Site plan review and approval is required unless there are no permanent physical changes to the site.
F.
The outdoor dining area shall be designed to preserve circulation on the site and any affected Borough right-of-way while also protecting the safety of patrons and pedestrians.
G.
The owner shall police the area to ensure that it is clean and free of litter and complies with applicable noise standards.
H.
The owner of an approved outdoor dining area which is located wholly or in part in the Borough right-of-way shall indemnify and hold harmless the Borough of Pennington and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, arising out of the operation of the outdoor dining area. No such dining area shall be approved, or once approved, permitted to operate, unless the owner has on file with the Borough Clerk a current certificate of insurance which certifies that:
(1)
The owner's obligation to indemnify and hold harmless the Borough as provided herein is insured by an insurance carrier authorized to do business in the State of New Jersey.
(2)
The Borough of Pennington is named as an additional insured under this insurance with respect to claims, damages, losses and expenses arising out of operation of the outdoor dining area.
(3)
The insurance in effect provides at least the following types and amounts of incurred liability coverage:
(a)
General liability: $1,000,000 per occurrence;
(b)
Premises liability: $1,000,000 per occurrence;
(c)
Products and completed operations liability: $1,000,000;
(d)
Personal and advertising injury: $1,000,000 per occurrence;
(e)
Property liability: $50,000 per occurrence;
(f)
Medical expense: $5,000 per person;
(g)
Workers' compensation: statutory limits;
(h)
Employers' liability: $500,000 per person/ per occurrence.
(4)
The Borough shall be provided 10 days' written notice of any cancellation of this insurance.
§ 215-95 Banks.
[Added 8-4-2003 by Ord. No. 2003-7]
Banks, including drive-in facilities, as conditional uses in the O-B District, shall be subject to the following:
A.
The minimum lot size shall have at least 300 feet of frontage on State Highway Route 31.
B.
Any principal building may contain more than one principal permitted use or permitted conditional use, provided that the total floor area ratio and total building and lot coverages of the combined uses do not exceed the maximums specified for the zoning district, that each use occupies a minimum gross floor area of 250 square feet, that the combined off-street parking requirements for all uses are met and that all other general requirements of the O-B District, as specified in § 215-73D of this chapter, are met.
C.
More than one principal building is permitted on a lot, provided that the requirements of § 215-73D(7) and (8) of this chapter, are met.
D.
Only one access drive to State Highway Route 31 shall be permitted for each lot, and said access drive shall be limited to right turning movements into and out of the site, except where access to another street, either directly or through an adjacent nonresidential property, is not available. Moreover, parking areas and driveways shall be designed to be interconnected with adjacent properties in any nonresidential zoning district and shall utilize common entrance(s) and exit(s) to minimize access points to any street.
E.
Adequate and safe pedestrian access between uses or separate buildings on the same lot or on adjacent lots shall be provided, and the design of any site shall promote a nonvehicular, pedestrian-friendly development, inclusive of bicycle racks, benches or other such amenities. Sidewalks shall be provided along the State Highway Route 31 frontage in addition to any sidewalks proposed in the Circulation and Sidewalk Plan in the Borough's Master Plan.
F.
Banks 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 a total of at least 12 automobiles for queuing purposes in the lane(s) to drive-in windows and shall provide a separate, unhampered bypass lane.
G.
All site lights and signage shall be turned off at the close of business, except for a minimal amount of low-intensity security lighting specifically approved by the Planning Board. Any ATM to be provided for access after hours shall be appropriately located on the site so that customers are not required to leave their vehicle to use the ATM.
§ 215-96 Limited retail uses.
[Added 8-4-2003 by Ord. No. 2003-7]
Limited retail uses, as conditional uses in the O-B District, shall be subject to the following:
A.
The minimum lot size shall have at least 300 feet of frontage on State Highway Route 31.
B.
Permitted principal uses shall be limited to the following:
(1)
Full-service restaurants providing inside seating and table service for patrons and not including any drive-in or fast-food restaurant facilities.
(2)
Retail sales of goods customarily required by residential households, including but not limited to dry goods, books, recreation and sporting goods, flowers, drugs, pets, art supplies and products, notions, jewelry, hardware and paint, furniture, hobby supplies and other goods found by the Planning Board to be similar to those uses explicitly permitted, provided that no sales of fresh, refrigerated or prepared food products shall be permitted.
C.
Any principal building may contain more than one principal permitted use or permitted conditional use, provided that the total floor area ratio and total building and lot coverages of the combined uses do not exceed the maximums specified for the zoning district, that each use occupies a minimum gross floor area of 250 square feet, that the combined off-street parking requirements for all uses are met and that all other general requirements of the O-B District, as specified in § 215-73D of this chapter, are met.
D.
More than one principal building is permitted on a lot, provided that the requirements of § 215-73D(7) and (8) of this chapter are met.
E.
Only one access drive to State Highway Route 31 shall be permitted for each lot, and said access drive shall be limited to right turning movements into and out of the site, except where access to another street, either directly or through an adjacent nonresidential property, is not available. Moreover, parking areas and driveways shall be designed to be interconnected with adjacent properties in any nonresidential zoning district and shall utilize common entrance(s) and exit(s) to minimize access points to any street.
F.
Adequate and safe pedestrian access between uses or separate buildings on the same lot or on adjacent lots shall be provided, and the design of any site shall promote a nonvehicular, pedestrian-friendly development, inclusive of bicycle racks, benches or other such amenities. Sidewalks shall be provided along the State Highway Route 31 frontage in addition to any sidewalks proposed in the Circulation and Sidewalk Plan in the Borough's Master Plan.
G.
Retail sales uses shall provide parking at the ratio of one parking space per 200 square feet of gross floor area or part thereof. Restaurants shall provide one parking space for every three seats, plus one space for every employee. 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.
H.
No retail sales use may operate after 11:00 p.m. at night, and all site lights and signage shall be turned off at the close of business, except for a minimal amount of low-intensity security lighting specifically approved by the Planning Board.