Pequannock Township
City Zoning Code
City Zoning Code
ARTICLE V
Commercial Districts
§ 360-33 C-1 Community Business District.
[Amended 12-23-1997 by Ord. No. 97-22; 7-9-2002 by Ord. No. 2002-10]
In the C-1 Community Business District the following regulations shall apply:
A.
Use regulations. A building may be erected or used and a lot may be used or occupied for the following purposes and no other:
(1)
Permitted uses.
(a)
Retail sales of goods and services, in fully enclosed stores, serving primarily the residents of the surrounding neighborhoods. The following specific retail sales are permitted: bakeries; barbershops and beauty parlors; book and stationery stores; clothing and clothing accessory shops; drugstores; dry-cleaning establishments; dry goods and variety stores; florists; food stores; hardware stores; household appliance stores; locksmiths; newsstand; packaged liquor stores; pet shops; photographic studios; sporting and athletic goods stores; music and dancing studios; and other similar retail and service uses.
[Amended 4-27-2021 by Ord. No. 2021-05]
(b)
Business, professional and governmental offices and banks, including banks with drive-in facilities accessory to an office-bank type of facility.
(c)
Funeral or mortuary establishments.
(d)
Medical and dental clinics and medical diagnostic centers, provided that there are no facilities for keeping persons overnight.
(e)
Churches and houses of worship, parish houses and convents.
(f)
Community centers operated as an accessory use to churches and houses of worship.
(g)
Laundry and dry-cleaning establishments.
(h)
Public parks and playgrounds.
(i)
Public and parochial schools, nursery schools and schools which teach special skills which are related to permitted uses in the C-1 Zone, such as dance schools, secretarial schools, etc.
(j)
Shopping centers for uses permitted in the C-1 Zone.
(2)
Accessory uses.
(a)
Signs, as permitted by Article XIII, Signs, of this chapter.
(b)
Off-street parking and loading as required by this chapter, provided that parking shall not be conducted as the principal use of any lot.
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.
(a)
Multifamily structure.
[Amended 11-23-2021 by Ord. No. 2021-16]
(b)
Townhouse structure.
[Amended 11-23-2021 by Ord. No. 2021-16]
(c)
Clubs, lodges and similar establishments.
(d)
Apartment units above commercial uses.
(e)
Restaurants, exclusive of fast-food restaurants and drive-in restaurants.
(f)
Outdoor display of merchandise.
(4)
Prohibited uses. Those uses which are not specifically permitted in the C-1 Zone are hereby prohibited. The following uses are specifically prohibited:
(a)
Adult book and/or gift stores.
(b)
Adult mini motion-picture theaters.
(c)
Adult motion-picture theaters.
(d)
Hotels.
(e)
Motels.
(f)
Pawnshops.
(g)
Pool and billiard halls.
(h)
Dance halls distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for either observation or participation by patrons therein.
(i)
Establishments offering live entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, either for observation or participation by patrons therein.
(j)
Bars, taverns, inns, pubs, grog shops and other such similar establishments holding a Class C liquor license such that alcoholic beverages may be consumed or purchased on the premises.
(k)
Gasoline, service and automobile, motorcycle and commercial vehicle sales and service establishments.
(l)
Boardinghouses.
(m)
Those uses prohibited in the I-1 Zone, except where otherwise permitted.
(n)
Amusement parlors and arcades.
(o)
Tattoo and body piercing parlors.
B.
Bulk regulations.
(1)
Lot area. A lot area of not less than 4,000 square feet for each lot shall be provided.
(2)
Lot width. A minimum lot width shall be 40 feet.
(3)
Height. No structures shall exceed two stories or 30 feet in height, whichever is less.
(4)
Front yard. There shall be a front yard 25 feet in depth. No parking shall be permitted in the front yard.
(5)
Rear yard. There shall be a rear yard which shall be 10% of the depth of the lot, but not less than 10 feet.
(6)
Side yard. There shall be two side yards, each not less than three feet in width, and the aggregate of the two side yards shall not be less than 25% of the width of the lot.
(7)
Coverage. No more than 30% of the lot shall be covered by buildings, and not more than 90% of the lot shall be covered by impervious surfaces, including buildings.
(8)
Screening, landscaping and open space. Landscaping, as required by the approved site plan, shall be maintained for the life of the property to standards as approved in the site plan. Where a non-single-family residential use abuts a single-family residential zone or an area which is used as a single-family residence, a buffer of at least five feet in width shall be provided on the non-single-family residential lot. Said buffer area shall include a solid fence in conformance with other requirements of this chapter as approved by the Planning Board. This buffer may be located in the required yard area but shall not include parking or driveways and shall be planted and maintained in a manner acceptable to the Planning Board and approved as part of the site plan. The effect of such buffer shall be to screen the business use in the C-1 Zone from the adjacent residences. Special attention shall be paid to screening parking, loading and mechanical systems.
(9)
Lot frontage. There shall be a minimum lot frontage of 50 feet.
§ 360-34 C-2 Highway Commercial District.
[Amended 12-23-1997 by Ord. No. 97-22]
In the C-2 Highway Commercial District the following regulations shall apply:
A.
Use regulations. A building may be erected or used and a lot may be used or occupied for the following purposes and no other:
(1)
Permitted uses. Uses permitted in the C-1 Zone are permitted in the C-2 Zone. In addition, the following uses are permitted:
(a)
Job printers.
(b)
Pet care establishments.
[Amended 11-23-2021 by Ord. No. 2021-16]
(c)
Establishments serving alcoholic beverages, provided that no live entertainment shall be offered.
(d)
Shopping centers consisting of uses permitted in the C-2 Zone.
(e)
Medical or dental lab.
[Added 11-23-2021 by Ord. No. 2021-16]
(2)
Accessory uses.
(a)
Signs, as permitted by Article XIII, Signs, of this chapter.
(b)
Off-street parking and loading as required by this chapter, provided that parking shall not be conducted as the principal use of any lot.
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.
(a)
Clubs, lodges and similar establishments.
(b)
Gasoline service stations.
(c)
Businesses that service, repair or install automobile and motorcycle parts.
(d)
Restaurants, except restaurants of the drive-in type.
(e)
Commercial recreational uses.
(f)
Outdoor display of merchandise.
(4)
Prohibited uses. Those uses not specifically permitted in the C-2 Zone are hereby prohibited. Specifically prohibited are:
(a)
Residential uses.
(b)
Those uses prohibited in the C-1 Zone, except where otherwise permitted.
(c)
"Big box" retail.
B.
Bulk regulations.
(1)
Lot area. A lot area of not less than one acre shall be required.
(2)
Lot width. A minimum lot width of 200 feet shall be required.
(3)
Height. No structure shall exceed two stories or 30 feet in height, whichever is less.
(4)
Front yard. There shall be a front yard which shall be not less than 50 feet in average depth, but in no case shall any portion of the structure be constructed closer than 35 feet to the street line. A maximum of 70% of the front yard shall be used for parking and access drives.
(5)
Rear yard. There shall be a rear yard of not less than 20% of the depth of the lot, but in no case shall a rear yard be less than 12 feet, nor shall any rear yard be required to exceed 20 feet.
(6)
Side yard. No side yard shall be required. Where provided, however, the minimum side yard shall be six feet in width.
(7)
Coverage. No more than 30% of the lot shall be covered by buildings, and not more than 90% of the lot shall be covered by impervious surfaces, include buildings.
(8)
Screening, landscaping and open space.
(a)
In each case when a lot abuts a residential zone or a park area there shall be a ten-foot buffer strip which consists of landscaping or natural vegetation as approved by the Planning Board. Said buffer area shall include a solid fence in conformance with other requirements of this chapter as approved by the Planning Board. Such a buffer shall not include the rear or side yard required or any parking or driveways. The object of said buffer shall be to screen year round the adjacent areas, with particular attention to parking, loading and service area.
(b)
All landscaping as required by a site plan approval under the terms of this chapter shall be maintained for the life of the property to standards as approved in the site plan.
(9)
Lot frontage. There shall be a minimum lot frontage of 50 feet.
§ 360-35 C-3 Regional Commercial District.
[Amended 12-23-1997 by Ord. No. 97-22; 7-9-2002 by Ord. No. 2002-10]
In the C-3 Regional Commercial District the following regulations shall apply:
A.
Use regulations. A building may be erected or used and a lot may be used or occupied for the following purposes and no other:
(1)
Permitted uses.
[Amended 11-23-2021 by Ord. No. 2021-16]
(a)
Retail sales, in fully enclosed stores.
(b)
Retail services, in fully enclosed stores.
(c)
Personal services.
(d)
Business, professional and governmental offices and banks, including banks with drive-in facilities accessory to an office-bank type of facility.
(e)
Medical office.
(f)
Medical or dental lab.
(g)
Churches and houses of worship, parish houses and convents.
(h)
Community centers operated as an accessory of use to churches and houses of worship.
(i)
Commercial entertainment, indoor.
(j)
Public parks and playgrounds.
(k)
Public and parochial schools, nursery schools and schools which teach special skills which are related to permitted uses in the C-3 Zone, such as dance schools.
(l)
Shopping centers for uses permitted in the C-3 Zone.
(m)
"Big Box" retail.
(n)
Restaurants, including outdoor dining as an accessory use.
(o)
Establishments serving alcoholic beverages, including establishments which offer live entertainment.
(p)
Telephone exchanges and utility buildings.
(q)
Catering and banquet establishments.
(r)
Hotels and motels of 50 or more rooms.
(s)
Clubs, lodges and similar establishments.
(t)
Tattoo and body piercing parlors.
(u)
Any combination of the uses permitted in the C-3 Zone, including shopping centers and malls, hotel complexes, etc.
(2)
Accessory uses.
(a)
Signs, as permitted by Article XIII, Signs, of this chapter.
(b)
Off-street parking and loading, including parking garages, as may be required by this chapter.
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.
(a)
Gasoline service stations.
(b)
Businesses that service, repair or install motor vehicle parts.
(c)
Automobile, motorcycle and commercial vehicle sales.
(d)
Fully enclosed sales and storage of building materials.
(e)
Commercial recreational uses.
(f)
Nursery and garden centers.
(g)
Outdoor display of merchandise.
(h)
Pet care establishments.
[Added 11-23-2021 by Ord. No. 2021-16]
(4)
Prohibited uses. Those uses not specifically permitted in the C-3 Zone are hereby prohibited. Specifically, those uses prohibited in the C-1 Zone are prohibited, unless otherwise permitted. Also prohibited are:
[Amended 11-23-2021 by Ord. No. 2021-16]
(a)
Carting, express hauling, or truck storage yards.
(b)
Truck terminals or depots.
(c)
Contractor's storage yards.
(d)
Any kind of manufacture or treatment other than the manufacture or treatment of products clearly incidental to the conduct of a retail business conducted on the premises.
(e)
Amusement parlors and arcades.
(f)
Outdoor concerts.
(g)
Adult book and/or gift stores.
(h)
Adult mini-motion-picture theaters.
(i)
Adult motion-picture theaters.
(j)
Hotels and motels of less than 50 rooms.
(k)
Pawnshops.
(l)
Dance halls distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for either observation or participation by patrons therein.
(m)
Establishments offering live entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, either for observation or participation by patrons therein.
(n)
Boardinghouses.
B.
Bulk regulations.
(1)
Lot area. A lot area of not less than four acres shall be provided.
(2)
Lot width. A minimum lot width of 350 feet shall be provided.
(3)
Height. No structures shall exceed five stories or 70 feet in accordance with the Floor Area Ratio Schedule in this section.
(4)
Front yard. There shall be a front yard which shall be not less than 75 feet in depth. No more than 75% of the front yard shall be used for parking and access drives. A minimum of 70% pad site structure shall be located within the front yard setback, and the building line of a pad site structure shall be constructed no closer than 35 feet to the right-of-way line. Existing and approved pad sites as of the date of September 28, 2021, that do not comply can continue to remain.
[Amended 11-23-2021 by Ord. No. 2021-16]
(5)
Rear yard. There shall be provided a rear yard at least equal to the height of the building, but no rear yard shall be less than 30 feet. At least five feet of the rear yard shall be planted and landscaped.
(6)
Side yard. There shall be provided two side yards which shall be at least as great as the height of the building, but in no case shall each side yard be less than 30 feet. At least five feet of the side yard shall be planted and landscaped.
(7)
Coverage. Building coverage and coverage by impervious surfaces shall be governed by the following Floor Area Ratio (FAR) Schedule:
Building Height (stories) | Building Coverage | Floor Area Ratio | Land Coverage by Impervious Surfaces |
|---|---|---|---|
1 | 30% | 0.30 | 80% |
2 | 20% | 0.40 | 75% |
3 | 17% | 0.51 | 70% |
4 | 15% | 0.60 | 65% |
5 | 14% | 0.70 | 60% |
(8)
Screening, landscaping and open space.
(a)
All areas of the lot not devoted to use by structures, parking, loading and other functions on the lot shall be left in their natural state or they shall be landscaped in accordance with a site plan approved by the Planning Board. All landscaped areas or natural areas shall be maintained by the owner as approved by the Planning Board.
(b)
All parking and service areas shall be screened with landscaping and/or fencing.
[Added 11-23-2021 by Ord. No. 2021-16]
[1]
All parking areas should be landscaped with shade trees and shrubs and able to provide low-level screening of the view of the parking lot.
[2]
At least one shade tree for each 40 feet of frontage shall be provided unless adequate evergreen screening is provided.
[3]
Loading or service areas that are visible from the street or on-site parking area must be screened.
[4]
No shade tree shall obstruct the view of any use or sign in close proximity to the street.
[5]
No landscaping shall obstruct sight triangles.
(c)
Nothing in this section shall prevent an owner from donating to the Township, county, state or federal government or other agency or nonprofit organization any open space which results from the construction of a use in accordance with the FAR Schedule, even if this donation reduces the remaining area of the lot or other nonuse requirement of this chapter below the minimum required. Such donation, including the amount and location, shall be subject to review and approval by the Planning Board.
(d)
The uses to which the open space which results from use of the FAR Schedule may be put shall be limited to open space related uses, including but not limited to parks, flood retention areas, natural areas, public or private golf courses, driving ranges, swim clubs, riding areas, etc., it being the general intention to preserve the open space so as to provide areas which will act as groundwater recharge areas and areas which will not be subject to flood damage.
(9)
Proximity to residential zone or use.
(a)
Notwithstanding any other provisions of this section, no structure in the C-3 Zone shall be constructed closer than 100 feet to the nearest residentially zoned or used property or public parkland, and no parking area or access drive shall be located closer than 50 feet to any residentially zoned or used parcel of land or any public park.
(b)
A fifty-foot buffer shall be established, which shall be extensively planted in accordance with the requirements of a site plan approved by the Planning Board, but the minimal effect will be to screen the bulk, parking, loading and service areas from adjacent existing or proposed residential or park uses. Said buffer area shall include a solid fence in conformance with other requirements of this chapter as approved by the Planning Board.
(c)
Buffering areas as required above will not be required when a park area meeting the minimum requirements of the FAR Schedule and open space provisions of this section, including the proximity to residential property, is donated by the developer to the Township, county, state or federal government.
(10)
Lot frontage. There shall be a minimum lot frontage of 50 feet.
(11)
Loading requirements.
[Added 11-23-2021 by Ord. No. 2021-16]
(a)
No loading dock or service area may be directly located on or visible from any street frontage or within the front building line.
(b)
Loading and unloading areas shall be located and designed so that vehicles can maneuver safely without obstructing a public right-of-way or any parking space, parking lot aisle, fire lane, vehicular circulation lane, or pedestrian path or sidewalk or pedestrian crossing.
(c)
Where loading and unloading areas are needed, they must be of sufficient size and dimensions to accommodate the numbers and types of vehicles that are likely to use and maneuver the area.
(d)
Shared loading areas are encouraged. Pad site structures are not required to provide a designated loading area, provided that the use can demonstrate that none is needed and loading/unloading activities occur at off-peak hours of the business and/or the shopping center.
(e)
No loading or unloading shall occur between 11:00 p.m. and 7:00 a.m. for any business/occupant located within a building abutting a residential zone
(12)
Pad site structure design guidelines. Any building or structure must be located at or behind the required building setback line, except:
[Added 11-23-2021 by Ord. No. 2021-16]
(a)
Any unenclosed porch, deck, terrace, steps, or stoop, which may project a maximum of nine feet. This encroachment includes an unenclosed roofed porch or terrace.
(b)
Any roofed and unenclosed steps or stoop may project a maximum of nine feet. Any roof covering unenclosed steps or a stoop may project a maximum of three feet.
(c)
An unenclosed balcony may project a maximum of six feet.
(13)
A drive-through, drive aisle, queuing area, or parking area should be located no nearer than 35 feet to any property line, paved access drive or street right-of-way line.
[Added 11-23-2021 by Ord. No. 2021-16]
(14)
Parking design.
[Added 11-23-2021 by Ord. No. 2021-16]
(a)
For properties fronting Route 23, none of the required parking facilities shall be located between the building line and the street front.
(b)
All parking and service areas shall be screened with landscaping and/or fencing in accordance with the zone district regulations.
(c)
The interior of all surface parking lots shall be landscaped with at least one tree for every 25 parking spaces, which shall be planted in suitably prepared and protected landscape islands or medians.
§ 360-36 C-4 Regional Commercial District.
[Amended 5-27-2003 by Ord. No. 2003-22]
In the C-4 Regional Commercial District the following regulations shall apply:
A.
Use regulations. All use regulations of the C-3 Zone shall apply, except that the following uses shall be specifically prohibited:
(1)
Gasoline service stations.
(2)
Businesses that service, repair or install motor vehicle parts.
(3)
Automobile, motorcycle, and commercial vehicle sales.
(4)
Nursery and garden centers.
(5)
Metal and wood fabricating facilities.
B.
Bulk regulations of the C-3 Zone shall apply.
§ 360-37 CBD-1 Central Business District -1.
[Added 11-23-2021 by Ord. No. 2021-16]
In the CBD-1 Central Business District-1, the following regulations shall apply:
A.
Use regulations. A building may be erected or used and a lot may be used or occupied for the following purposes and no other:
(1)
Permitted uses.
(a)
Retail sales.
(b)
Retail services.
(c)
Personal services.
(d)
Restaurants.
(e)
Bars, taverns, inns, pubs, grog shops and other such similar establishments holding a Class C liquor license such that alcoholic beverages may be consumed or purchased on the premises.
(f)
Commercial entertainment.
(g)
Business, professional and governmental offices and banks, excluding banks with drive-in facilities accessory to an office-bank type of facility.
(h)
Churches and houses of worship, parish houses and convents.
(i)
Community centers operated as an accessory use to churches and houses of worship.
(j)
Public parks and playgrounds.
(2)
Accessory uses.
(a)
Apartments above commercial that meet the following criteria:
[1]
The habitable floor area devoted to residential use(s) shall not exceed 2/3 of total habitable floor area of the building or structure containing said residential use(s).
[2]
Any dwelling unit shall have a minimum of 600 square feet of habitable floor area.
[3]
Parking shall be provided for residential use in accordance with § 360-58.
(b)
Signs, as permitted by the Township Sign Ordinance.[1]
[1]
Editor's Note: See Art. XIII, Signs.
(c)
Off-street parking and loading as required by this chapter, provided that parking shall not be conducted as the principal use of any lot.
(d)
Outdoor dining and sidewalk cafes incidental to restaurants.
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.
(a)
Brewery/Distillery.
(b)
Clubs, lodges and similar establishments.
(c)
Outdoor display of merchandise.
(4)
Prohibited uses. Those uses which are not specifically permitted in the C-1 Zone are hereby prohibited. The following uses are specifically prohibited:
(a)
Adult book and/or gift stores.
(b)
Adult mini-motion-picture theaters.
(c)
Adult motion-picture theaters.
(d)
Hotels.
(e)
Motels.
(f)
Pawnshops.
(g)
Dance halls distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for either observation or participation by patrons therein.
(h)
Establishments offering live entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, either for observation or participation by patrons therein.
(i)
Gasoline, service and automobile, motorcycle and commercial vehicle sales and service establishments.
(j)
Boardinghouses.
(k)
Tattoo and body piercing parlors.
(l)
Funeral homes or mortuary establishments.
(m)
Medical offices.
(n)
Shopping centers.
(o)
Dog kennels.
(p)
Light industrial uses.
(q)
Heavy industrial uses.
(r)
Any other trade or use that is noxious or offensive or extremely hazardous by reason of the emission of odor, dust, smoke or gas or explosive potential.
B.
Bulk regulations.
(1)
Lot area. A lot area of not less than 4,000 square feet for each lot shall be provided.
(2)
Lot width. A minimum width shall be 40 feet.
(3)
Height. No structure shall exceed three stories or 35 feet in height, whichever is less.
(4)
Front yard. There shall be a front yard maximum of five feet in depth. No parking shall be permitted in the front yard.
(5)
Rear yard. There shall be a rear yard minimum of 50 feet in depth. Parking shall be permitted in the rear yard, but no closer than 10 feet to any property line.
(6)
Side yard. There shall be a side yard minimum of zero feet in depth.
(7)
Coverage. No more than 60% of the lot shall be covered by buildings, and not more than 90% of the lot shall be covered by impervious surfaces, including buildings.
(8)
Screening, landscaping and open space. Landscaping, as required by the approved site plan, shall be maintained for the life of the property to standards as approved in the site plan. Where a non-single-family residential use abuts a single-family residential zone or an area which is used as a single-family residence, a landscape buffer of at least 15 feet in width shall be provided on the non-single-family residential lot. The buffer may be located in the required yard area but shall not include parking or driveways and shall be planted and maintained in a manner acceptable to the Planning Board and approved as part of the site plan. The effect of such buffer shall be to screen the business use in the CBD-1 Zone from the adjacent residences. Special attention shall be paid to screening parking, loading and mechanical systems. In lieu of said buffer area, the non-single-family residential lot shall include a solid eight-foot fence in conformance with other requirements of this chapter as approved by the Planning Board.
(9)
Lot frontage. There shall be a minimum lot frontage of 50 feet.
(10)
Proximity to residential zone or use.
(a)
Notwithstanding any other provisions of this section, no structure in the CBD-1 Zone shall be constructed closer than 50 feet to the nearest residentially zoned or used property or public parkland, and no parking area or access drive shall be located closer than 10 feet to any residentially zoned or used parcel of land or any public park.
(b)
A fifteen-foot buffer shall be established, which shall be extensively planted in accordance with the requirements of a site plan approved by the Planning Board, but the minimal effect will be to screen the bulk, parking, loading and service areas from adjacent existing or proposed residential or park uses. Said buffer area shall include a solid fence in conformance with other requirements of this chapter as approved by the Planning Board.
(c)
Buffering areas as required above will not be required when a park area meeting the minimum requirements of the F.A.R. Schedule and open space provisions of this section, including the proximity to residential property, is donated by the developer to the Township, county, state or federal government.
§ 360-38 CBD-2 Central Business District-2.
[Added 11-23-2021 by Ord. No. 2021-16]
In the CBD-2 Central Business District-2, the following regulations shall apply:
A.
Use regulations. A building may be erected or used and a lot may be used or occupied for the following purposes and no other:
(1)
Permitted uses.
(a)
Retail sales.
(b)
Retail services.
(c)
Personal services.
(d)
Restaurants.
(e)
Bars, taverns, inns, pubs, grog shops and other such similar establishments holding a Class C liquor license such that alcoholic beverages may be consumed or purchased on the premises.
(f)
Commercial entertainment.
(g)
Business, professional and governmental offices and banks, excluding banks with drive-in facilities accessory to an office-bank type of facility.
(h)
Churches and houses of worship, parish houses and convents.
(i)
Community centers operated as an accessory use to churches and houses of worship.
(j)
Public parks and playgrounds.
(2)
Accessory uses.
(a)
Apartments above commercial that meet the following criteria:
[1]
The habitable floor area devoted to residential use(s) shall not exceed 3/4 of total habitable floor area of the building or structure containing said residential use(s).
[2]
Any dwelling unit shall have a minimum of 600 square feet of habitable floor area.
[3]
Parking shall be provided for residential use in accordance with § 360-58.
(b)
Signs, as permitted by the Township Sign Ordinance.[1]
[1]
Editor's Note: See Art. XIII, Signs.
(c)
Off-street parking and loading as required by this chapter, provided that parking shall not be conducted as the principal use of any lot.
(d)
Outdoor dining and sidewalk cafes incidental to restaurants.
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.
(a)
Multifamily structure.
(b)
Brewery/Distillery.
(c)
Clubs, lodges and similar establishments.
(d)
Outdoor display of merchandise.
(4)
Prohibited uses. The following uses are specifically prohibited:
(a)
Adult book and/or gift stores.
(b)
Adult mini-motion-picture theaters.
(c)
Adult motion-picture theaters.
(d)
Hotels.
(e)
Motels.
(f)
Pawnshops.
(g)
Dance halls distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for either observation or participation by patrons therein.
(h)
Establishments offering live entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, either for observation or participation by patrons therein.
(i)
Gasoline, service and automobile, motorcycle and commercial vehicle sales and service establishments.
(j)
Boardinghouses.
(k)
Tattoo and body piercing parlors.
(l)
Funeral homes or mortuary establishments.
(m)
Medical offices.
(n)
Shopping centers.
(o)
Dog kennels.
(p)
Light industrial uses.
(q)
Heavy industrial uses.
(r)
Any other trade or use that is noxious or offensive or extremely hazardous by reason of the emission of odor, dust, smoke or gas or explosive potential.
B.
Bulk regulations.
(1)
Lot area. A lot area of not less than 4,000 square feet for each lot shall be provided.
(2)
Lot width. A minimum width shall be 40 feet.
(3)
Height. No structure shall exceed four stories or 45 feet in height, whichever is less. For buildings that are within 100 feet of residential zones, no structure shall exceed three stories or 35 feet in height, whichever is less.
(4)
Front yard. There shall be a front yard maximum of 10 feet in depth. No parking shall be permitted in the front yard.
(5)
Rear yard. There shall be a rear yard minimum of 25 feet in depth. Parking shall be permitted in the rear yard, but no closer than 10 feet to any property line.
(6)
Side yard. There shall be a side yard minimum of zero feet in depth.
(7)
Coverage. No more than 60% of the lot shall be covered by buildings, and not more than 90% of the lot shall be covered by impervious surfaces, including buildings.
(8)
Screening, landscaping and open space. Landscaping, as required by the approved site plan, shall be maintained for the life of the property to standards as approved in the site plan. Where a non-single-family residential use abuts a single-family residential zone or an area which is used as a single-family residence, a landscape buffer of at least 15 feet in width shall be provided on the non-single-family residential lot. The buffer may be located in the required yard area but shall not include parking or driveways and shall be planted and maintained in a manner acceptable to the Planning Board and approved as part of the site plan. The effect of such buffer shall be to screen the business use in the CBD-2 Zone from the adjacent residences. Special attention shall be paid to screening parking, loading and mechanical systems. In lieu of said buffer area, the non-single-family residential lot shall include a solid eight-foot fence in conformance with other requirements of this chapter as approved by the Planning Board.
(9)
Lot frontage. There shall be a minimum lot frontage of 50 feet.
(10)
Proximity to residential zone or use.
(a)
Notwithstanding any other provisions of this section, no structure in the CBD-2 Zone shall be constructed closer than 30 feet to the nearest residentially zoned or used property or public parkland, and no parking area or access drive shall be located closer than 10 feet to any residentially zoned or used parcel of land or any public park.
(b)
A fifteen-foot buffer shall be established, which shall be extensively planted in accordance with the requirements of a site plan approved by the Planning Board, but the minimal effect will be to screen the bulk, parking, loading and service areas from adjacent existing or proposed residential or park uses. Said buffer area shall include a solid fence in conformance with other requirements of this chapter as approved by the Planning Board.
(c)
Buffering areas as required above will not be required when a park area meeting the minimum requirements of the F.A.R. Schedule and open space provisions of this section, including the proximity to residential property, is donated by the developer to the Township, county, state or federal government.
§ 360-39 H-C Hybrid-Commercial Zone.
[Added 11-23-2021 by Ord. No. 2021-16]
In the H-C Hybrid-Commercial District, the following regulations shall apply:
A.
Use regulations. A building may be erected or used and a lot may be used or occupied for the following purposes and no other:
(1)
Permitted uses.
(a)
Retail services.
(b)
Offices.
(c)
Medical offices.
(d)
Medical or dental labs.
(e)
Hotels.
(f)
Public recreation areas.
(g)
Public parks and playgrounds.
(2)
Accessory uses.
(a)
Signs, as permitted by the Township Sign Ordinance.[1]
[1]
Editor's Note: See Art. XIII, Signs.
(b)
Off-street parking and loading as required by this chapter.
(c)
Restaurants accessory to hotels.
(d)
Bars, taverns, inns, pubs, grog shops and other such similar establishments accessory to hotels.
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.
(a)
Brewery/Distillery.
(b)
Clubs, lodges and similar establishments.
(c)
Commercial recreation uses.
(d)
Churches and religious uses.
(e)
Community centers.
(f)
Pet care establishments.
(g)
Nursery schools.
(4)
Prohibited uses. Those uses which are not specifically permitted in the C-1 Zone are hereby prohibited. The following uses are specifically prohibited:
(a)
Residential.
(b)
Adult book and/or gift stores.
(c)
Adult mini-motion-picture theaters.
(d)
Adult motion-picture theaters.
(e)
Motels.
(f)
Pawnshops.
(g)
Dance halls distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for either observation or participation by patrons therein.
(h)
Establishments offering live entertainment which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, either for observation or participation by patrons therein.
(i)
Gasoline, service and automobile, motorcycle and commercial vehicle sales and service establishments.
(j)
Boardinghouses.
(k)
Tattoo and body piercing parlors.
(l)
Funeral homes or mortuary establishments.
(m)
Shopping centers.
(n)
Light industrial uses.
(o)
Heavy industrial uses.
(p)
Any other trade or use that is noxious or offensive or extremely hazardous by reason of the emission of odor, dust, smoke or gas or explosive potential.
B.
Bulk regulations.
(1)
Lot area. A lot area of not less than 2.5 acres for each lot shall be provided.
(2)
Lot width. A minimum width of 300 feet shall be provided.
(3)
Height. No structure shall exceed four stories or 40 feet in height, whichever is less.
(4)
Front yard. There shall be provided a front yard which shall have an average depth of not less than 50 feet, and in no case shall any part of a building project closer to the street than 35 feet. No more than 50% of the front yard shall be paved for parking and access drives.
(5)
Rear yard. There shall be a rear yard equal in depth to at least the height of the building, but in no case less than 30 feet. At least 10 feet of the rear yard shall be landscaped or planted in a manner acceptable to the Planning Board.
(6)
Side yard. Two side yards shall be required, each of which shall be not less than the height of the building, but in no case less than 30 feet. At least 10 feet of each side yard shall be landscaped or planted.
(7)
Coverage. No more than 35% of the lot shall be covered by buildings, and no more than a total of 75% of the lot shall be covered by impervious material, including buildings.
(8)
Screening, landscaping and open space. Adjacent to a residentially zoned or used property and adjacent to public parkland, there shall be a planted buffer strip at least 25 feet in width, which shall be maintained to screen and buffer the use in the H-C Zone from adjacent properties. Said buffer area may include a solid fence in conformance with other requirements of this chapter as approved by the Planning Board. Said buffer strip may include the required side yard but shall not include parking or access drives.
(9)
Lot frontage. There shall be a minimum lot frontage of 250 feet.
