Princeton City Zoning Code
Division 4
Business Districts
§ B17A-269 Use regulations - Generally.
§ B17A-270 Uses permitted as of right.
[Ord. No. 77-1, § 2; Ord. No. 97-16, § I]
The following uses are permitted as of right, subject to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(b)
Nonresidential uses.
(1)
Churches and other places of worship.
(2)
Public schools, and private schools not operated for profit.
(3)
Parks, playgrounds and public buildings.
(4)
Office buildings.
(5)
Parking garages and other off-street parking spaces, open or enclosed, subject to the provisions of division 6, subdivision III of this chapter.
(c)
Mixed uses.
(1)
Joint-occupancy buildings; provided, that:
a.
The residential portion shall have an entrance upon a street, either directly or via an unobstructed passage at least 10 feet in width, 10 feet in height and with a maximum depth of 35 feet.
b.
No floor may be used for both residential and business use unless a separate entrance, hallway and stairway provide direct access from the street to each use.
§ B17A-271 Conditional uses.
[Ord. No. 77-1, § 2; Ord. No. 79-5, § 3; Ord. No. 95-21, § I; Ord. No. 98-9, § I.]
The following additional uses may be authorized as conditional uses, subject to the provisions of section B17A-208 and to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(a)
Residential and mixed uses.
(1)
Conversion of a residential building in existence on November 19, 1968, to a joint occupancy building, or that conversion of a part of the residential portion of a joint occupancy building to an office or other nonresidential use; provided that:
a.
No structural alterations or other construction shall create a new noncompliance or increase the degree of noncompliance.
b.
The same number of parking spaces shall be provided for such conversions as are required for new construction of similar buildings.
c.
In the case of conversion to a joint occupancy building, at least 20 square feet of usable open space shall be provided for each habitable room.
(b)
Nonresidential uses.
(1)
Conversion of a residential or joint occupancy building to an office or other nonresidential building; provided, that:
(2)
Nursing homes and private schools operated for profit.
(3)
Educational institutions.
(4)
Clubhouses, except for clubs whose principal activity is usually carried on as a business.
(5)
Railroad and public utility buildings, installations and rights-of-way needed to serve the general welfare of all or a significant part of the community; provided, that the planning board determines that no other reasonable location in a less restricted business district can be used for the purpose contemplated.
(6)
Amateur radio receiving and transmitting towers over 15 feet but less than 50 feet in height; provided, that any such tower shall not be located closer to any lot line or street line than its height, and in no event within a front yard or side yard.
§ B17A-272 Other use regulations.
§ B17A-273 Bulk regulations - Generally.
§ B17A-274 Residential buildings, joint occupancy buildings and rooming houses.
[Ord. No. 77-1, § 2]
One-family Dwellings | Two-Family Dwellings | Attached Dwellings | Multiple Dwellings | Joint Occupancy Buildings and Rooming Houses | |
|---|---|---|---|---|---|
Maximum permitted | |||||
Floor area ratio | — | — | — | 0.9 | 0.6 |
Height | |||||
Feet | 35 | 35 | 35 | 35 | 35 |
Stories | 3 | 3 | 3 | 3 | 3 |
Coverage (percent) | 30 | 30 | 30 | 30 | 30 |
Minimum required | |||||
For each dwelling unit | |||||
Lot area (sq. ft.) | 6,000 | 3,300 | 3,000* | ||
Per no. of habitable rooms: | |||||
One or two | 1,500 | 1,500 | |||
Three | 2,000 | 2,000 | |||
Four | 2,600 | 2,600 | |||
Each additional | 800 | 800 | |||
Usable open space (sq. ft.) | 600 | ||||
Per number of habitable rooms: | |||||
One or two | 200 | 200 | |||
Each additional | 200 | 200 | |||
Lot width | 60 | 60 | |||
End lot | 40** | ||||
Interior lot | 20** | ||||
Lot depth | 100 | 100 | 80** | ||
Front yard | 25 | 20 | 15 | 15 | 15 |
Side yards | |||||
Combined side yards | 20 | 20 | 30 | 25 | |
Smaller side yard | 8 | 8 | 15 | 10 | |
End lot, one side yard | 20** | ||||
Rear yard | 35 | 35 | 25** | 25 | 25 |
* For attached dwellings, part of this lot area may be provided as common land, directly accessible from the lot of each individual dwelling unit; provided, that the lot of each individual dwelling unit shall have not less than the minimum lot width and lot depth |
** For lot of individual dwelling units |
Dimensions are in feet, unless otherwise noted. |
§ B17A-275 Nonresidential buildings.
[Ord. No. 77-1, § 2]
Offices and Other Nonresidential Buildings | Parking Garages | |
|---|---|---|
Maximum permitted | ||
Floor area ratio | 6 | 3 |
Height | ||
Feet | 35 | 35 |
Stories | 3 | |
Coverage (percent) | 30 | 80 |
Minimum required | ||
Front yard | 15 | 15 |
Side yards | ||
Side yard | 10 | 10 |
Side yard abutting lot in R1, R2, R3 or R4 districts | 15 | 15 |
Side yard abutting lot in CB district | * | * |
Rear yards | ||
Rear yard | 20 | 20 |
Rear yard abutting lot in CB district | * | * |
Rear yard abutting lot in R1, R2, R3 or R4 districts | 20 | 20 |
No yard required. However, if a yard is provided, it shall be not less than 10* feet | ||
Dimensions are in feet, unless otherwise noted |
§ B17A-276 Other bulk regulations.
§ B17A-277 Off-street parking and loading requirements - Generally.
[Ord. No. 77-1, § 2; Ord. No. 83-25, § 6; Ord. No. 97-2, § I; amended 4-12-2021 by Ord. No. 2021-09]
(a)
In RO districts, accessory off-street parking spaces, open or enclosed, shall be provided for all new construction, and accessory off-street loading berths, open or enclosed, shall be provided for new permitted nonresidential uses, in accordance with the regulations set forth and referred to in Sections B17A-277 through B17A-280. All such parking spaces and loading berths shall be subject to the provisions of Division 6, Subdivision III of this chapter.
(b)
No additional off-street parking or loading berths shall be required for any change of use of an existing structure, or for any expanded or new non-residential use within an existing structure, except that any on-site parking spaces or loading berths already provided shall not be removed or converted for any other purpose without site plan approval and/or the grant of variances associated therewith.
§ B17A-278 Required parking - Residential buildings and dwelling units in joint occupancy buildings.
[Ord. No. 77-1, § 2]
One-Family Dwellings | Two-Family Dwellings | Attached Dwellings | Multiple Dwellings | Joint Occupancy Buildings | |
|---|---|---|---|---|---|
Required parking spaces | |||||
Per dwelling unit | 1 | 1-1/2 | 1 | 1-1/2 | 1-1/2 |
For accessory uses | |||||
Per rented room | 1 | 1 | 1 | — | — |
Per accessory professional officer | 1 | 1 | 1 | 1 | 1 |
§ B17A-279 Required parking - Rooming houses and nonresidential uses.
[Ord. No. 77-1, § 2]
At least one parking space for each: | |
|---|---|
Public and private secondary schools | 6 seats or students |
Public and private elementary schools | 12 seats or students |
Places or worship, libraries | 200 square feet of floor area, but not less than one space for each 5 seats, where provided |
Hospitals | 1 bed |
Nursing homes and philanthropic institutions | 3 beds |
Rooming houses | Guest room |
Office buildings | 300 square feet of floor area on ground floor |
450 square feet of floor area on other floors. |
For any other permitted building and uses, for which no requirements are set forth above, appropriate and comparable off-street parking requirements shall be determined by the planning board, taking into consideration the amount of traffic to be generated thereby, the likelihood of all day or short term use of parking spaces, the location and the availability of other means of access and other factors affecting the amount of traffic likely to be generated and the need for parking.
§ B17A-280 Required loading for nonresidential uses.
§ B17A-281 through B17A-282. (Reserved)
Editor's Note: Former sections B17A-281 and B17A-282, previously codified herein and containing portions of Ordinance No. 77-1, was repealed in its entirety by Ordinance No. 97-2.
§ B17A-283 Use regulations - Generally.
§ B17A-284 Uses permitted as of right.
[Ord. No. 77-1, § 2; Ord. No. 97-16, § I]
The following uses are permitted as of right, subject to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(c)
Mixed uses.
(1)
Joint occupancy buildings, provided, that:
a.
The residential portion shall have a direct entrance upon a street, either directly or via an unobstructed passage at least 10 feet in width and 15 feet in height.
b.
No floor shall be used for both residential and business use, unless a separate entrance, hallway and stairway provides direct access from the street to each use.
c.
Business uses shall not occupy more than 40% of the aggregate floor area of the building and shall not be located above the ground floor.
d.
Permitted business uses shall be limited to the following:
1.
Offices.
2.
Retail stores and bakeries, excluding automotive sales or service establishments.
3.
Eating and drinking places.
4.
Barbershops, beauty parlors, tailors, dressmakers and millinery shops, photographic studios, shoe repair, shoeshine and hat cleaning shops, and similar personal service stores dealing directly with consumers.
5.
Studios for dancing and music instruction.
6.
Private vocational and trade schools.
7.
Outlets and pick-up stations for laundries and cleaning establishments.
8.
Radio and television repair, locksmith, watch, clock and jewelry repair, upholstery and furniture repair, and other similar service establishments, furnishing services other than of a personal nature, but not including gasoline filling stations and other automotive services.
9.
Medical and dental offices.
(d)
Accessory uses.
§ B17A-285 Conditional uses.
[Ord. No. 77-1, § 2; Ord. No. 83-25, § 2]
The conditional use regulations in the RB districts are the same as in the RO district, section B17A-271; except, (a) the portion of a residential building converted to nonresidential use shall not exceed more than 40% of the aggregate floor area of the building and shall not be located above the ground floor, and (b) that public buildings are also permitted as a conditional use.
§ B17A-286 Other use regulations.
§ B17A-287 Bulk regulations - Generally.
[Ord. No. 77-1, § 2]
§ B17A-288 Off-street parking and loading requirements - Generally.
§ B17A-289 Requirements for conversions to certain nonresidential uses.
[Ord. No. 77-1, § 2; amended 4-12-2021 by Ord. No. 2021-09]
No additional off-street parking or loading berths shall be required for any change of use of an existing structure, or for any expanded or new non-residential use within an existing structure, except that any on-site parking spaces or loading berths already provided shall not be removed or converted for any other purpose without site plan approval and/or the grant of variances associated therewith.
§ B17A-290 Use regulations - Generally.
§ B17A-291 Uses permitted as of right - Generally.
[Ord. No. 77-1, § 2; Ord. No. 97-16, § I.]
The following uses are permitted as of right, subject to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(b)
Nonresidential uses.
(1)
Churches and other places of worship.
(2)
Public schools and private schools not operated for profit.
(3)
Parks, playgrounds and public buildings.
(4)
Office buildings.
(5)
Banks.
(6)
Parking garages and other off-street parking spaces, open or enclosed, subject to the provisions of division 6, subdivision III of this chapter.
(7)
Medical and dental offices.
(c)
Mixed uses.
(1)
Joint occupancy buildings; provided, that:
a.
The residential portion shall have an entrance upon a street, either directly or via an unobstructed passage at least 10 feet in width and 10 feet in height, and with a maximum depth of 35 feet.
b.
No floor may be used for both residential and business uses, unless a separate entrance, hallway and stairway provides direct access from the street to each use.
§ B17A-292 Uses - Subject to floor area limitation.
[Ord. No. 77-1, § 2.]
The following uses are permitted as of right; provided, that not more than 5,000 square feet of floor area per establishment shall be devoted to such use. Such uses shall be subject to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(a)
Nonresidential uses.
(1)
Retail stores and bakeries, excluding automotive sales or service establishments.
(2)
Eating and drinking places.
(3)
Barbershops, beauty parlors, tailors, dressmakers and millinery shops, photographic studios, shoe repair, shoeshine and hat cleaning shops and similar personal service stores dealing directly with consumers.
(4)
Studios for dancing and music instruction.
(5)
Private vocational and trade schools.
(6)
Outlets and pick-up stations for laundries and cleaning establishments.
(7)
Self-service automatic laundry and dry cleaning establishments, containing a total of not more than 30 machines for washing, cleaning and drying. The use of flammable solvent is prohibited, except for the incidental removal of spots.
(8)
Radio and television repair, locksmith, watch, clock and jewelry repair, upholstery and furniture repair and other similar service establishments furnishing services other than of a personal nature, but not including gasoline filling stations and other automotive services.
§ B17A-293 Conditional uses.
[Ord. No. 77-1, § 2; Ord. No. 98-9, § I.]
Bus stations, taxi offices, hotels and any conditional uses specified in RO districts, may be authorized as conditional uses subject to the provisions of section B17A-208 and to the bulk regulations, parking requirements and other regulations set forth or referred to in this chapter.
§ B17A-294 Other use regulations.
§ B17A-295 Bulk regulations - Generally.
§ B17A-296 Residential uses.
[Ord. No. 77-1, § 2]
The bulk regulations for permitted residential buildings, joint occupancy buildings and rooming houses are the same as in RO districts, section B17A-274.
§ B17A-297 Nonresidential uses.
[Ord. No. 77-1, § 2]
Offices | Other Nonresidential Uses | |
|---|---|---|
Maximum permitted | ||
Floor area ratio | 0.6 | 0.6 |
Height | ||
Feet | 35 | 35 |
Stories | 3 | 3 |
Coverage (percent) | 30 | 40 |
Minimum required | ||
Front yard | 15 | 15 |
Side yards | ||
Side yard | * | * |
Side yard abutting lot in R1, R2, R3 or R4 districts | 15 | 15 |
Rear yard | ||
Rear yard | 20 | 20 |
Rear yard | ||
Rear yard abutting lot in R1, R2, R3 or R4 districts | 20 | 75 |
* No yard required. However, if a yard is provided, it shall be not less than 10 feet |
Dimensions are in feet, unless otherwise noted |
§ B17A-298 Other bulk regulations.
[Ord. No. 77-1, § 2; Ord. No. 83-38, § 3]
The additional bulk requirements contained in division 6, subdivision II of this chapter with the exception of section B17A-379 shall also apply in NB districts.
§ B17A-299 Off-street parking and loading requirements - Generally.
[Ord. No. 77-1, § 2; Ord. No. 83-25, § 7; amended 4-12-2021 by Ord. No. 2021-09]
(a)
In NB districts, accessory off-street parking spaces, open or enclosed, shall be provided for all new construction [and for conversions], and accessory off-street loading berths, open or enclosed, shall be provided for all permitted nonresidential uses in accordance with the regulations set forth and referred to in sections B17A-299 through B17A-303. All such parking spaces and loading berths shall be subject to the provisions of division 6, subdivision III of this chapter.
(b)
No additional off-street parking or loading berths shall be required for any change of use of an existing structure, or for any expanded or new non-residential use within an existing structure, except that any on-site parking spaces or loading berths already provided shall not be removed or converted for any other purpose without site plan approval and/or the grant of variances associated therewith.
§ B17A-300 Required parking - Residential buildings and dwelling units in joint occupancy buildings.
One-Family Dwellings | Two-Family Dwellings | Attached Dwellings | Multiple Dwellings | For Joint Occupancy Dwellings | |
|---|---|---|---|---|---|
Required parking spaces | |||||
Per dwelling unit | 1 | 1-1/2 | 1 | 1-1/2 | 1-1/2 |
For accessory uses | |||||
Per rented room | 1 | 1 | 1 | ||
Per accessory professional office | 1 | 1 | 1 | 1 | 1 |
§ B17A-301 Parking - Rooming houses and new nonresidential uses.
[Ord. No. 77-1, § 2.]
At least one parking space for each: | |
|---|---|
Public and private secondary schools | 6 seats or students |
Public and private elementary schools | 12 seats or students |
Places of worship, libraries | 200 square feet of floor area, but not less than one space for each 5 seats, where provided |
Hospitals | 1 bed |
Nursing homes and philanthropic institutions | 3 beds |
Eating and drinking places | 5 seats |
Hotels and rooming houses | Guest room |
Retail, office and service business uses not listed above | For ground floor: 300 square feet of floor area; for other floors: 450 square feet of floor area |
For any other permitted buildings and uses, for which no requirements are set forth above, appropriate and comparable off-street parking requirements shall be determined by the planning board, taking into consideration the amount of traffic to be generated thereby, the likelihood of all day or short-term use of parking spaces, the location and the availability of other means of access and other factors affecting the amount of traffic likely to be generated and the need for parking.
§ B17A-302 (Reserved)
Editor's Note: Ord. No. 2021-09 repealed B17A-302, Parking - Conversions to nonresidential uses. History includes Ord. No. 77-1.]
§ B17A-303 Required loading for nonresidential uses.
§ B17A-304 Use regulations - Generally.
§ B17A-305 Uses permitted as of right - Generally.
[Ord. No. 77-1, § 2; Ord. No. 81-13, § 1; Ord. No. 81-24, § 2; Ord. No. 88-2, § 1; Ord. No. 95-20, § 2; Ord. No. 97-16, § I.]
The following uses are permitted as of right, subject to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(b)
Nonresidential uses.
(1)
Churches and other places or worship.
(2)
Public schools, and private schools not operated for profit.
(3)
Parks, playgrounds and public buildings.
(4)
Office buildings, provided that the first story of any structure containing office or banks must consist of those nonresidential uses permitted, subject to floor area limitation, by section B17A-306(a)(1) to (10) and excluding offices and banks or other financial uses. For purposes of this section, offices shall include, but shall not be limited to real estate brokers, stockbrokers, financial planner, insurance agencies and other service professionals.
(5)
Banks, provided the first story of any structure containing offices or banks must consist of those nonresidential uses permitted, subject to floor area limitations by section B17A-306(a)(1) to (10) and excluding offices and banks or other financial uses.
(6)
Parking garages and other off-street parking spaces, open or enclosed, subject to the provisions of (b) division 6, subdivision III of this article.
(7)
Hotels.
(8)
Theaters.
(9)
Medical and dental offices, provided the first story of any structure containing medical and/or dental offices must consist of those nonresidential uses permitted, subject to floor area limitations by section B17A-306(a)(1) to (10) and excluding medical and/or dental offices.
(c)
Mixed uses.
(1)
Joint occupancy buildings; provided, that:
a.
The residential portion shall have an entrance upon a street, either directly or via an unobstructed passage, at least 10 feet in width and 10 feet in height and with a maximum depth of 35 feet.
b.
No floor may be used for both residential and business uses, unless a separate entrance, hallway and stairway provides direct access to each use.
(2)
Planned commercial developments subject to the provisions of section B17A-306.1.
(3)
Mixed uses are subject to the sue restrictions set forth in section B17A-305(b)(4) and (5).
(e)
Continuing care retirement community (CCRC). A continuing care retirement community (CCRC) within a planned commercial development regulated under the provisions of section B17A-306.1.
§ B17A-306 Uses - Subject to floor area limitation.
[Ord. No. 77-1, § 2; Ord. No. 88-2, § 2; Ord. No. 92-22, § 1.]
The following uses are permitted as of right; provided, that not more than 10,000 square feet of floor area per establishment shall be devoted to such use. Such uses shall be subject to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(a)
Nonresidential uses.
(1)
Radio and television broadcasting.
(2)
Blueprinting, photostating and similar business services.
(3)
Retail stores and bakeries, excluding automotive sales or service establishments.
(4)
Places serving food or food and drink, whether or not the food and drink served are to be consumed on the premises or elsewhere.
(5)
Barbershops, beauty parlors, tailors, dressmakers and millinery shops, photographic studios, shoe repair, shoeshine and hat cleaning shops and similar personal service stores dealing directly with consumers.
(6)
Studios for dancing and music instructions.
(7)
Private vocational and trade schools.
(8)
Outlets and pick-up stations for laundries and cleaning establishments.
(9)
Self-service automatic laundry and dry cleaning establishments containing a total of not more than 30 machines for washing, cleaning and drying. The use of flammable solvent is prohibited, except for the incidental removal of spots.
(10)
Radio and television repair, locksmith, watch, clock and jewelry repair, upholstery and furniture repair and other similar service establishments, furnishing services other than of a personal nature, but not including gasoline filling stations and other automotive services.
(11)
Newspaper reporting and distribution activities, open to the general public.
(12)
Non-profit philanthropic agencies providing services to the community.
§ B17A-306.1 Planned commercial developments.
[Ord. No. 81-24, § 3; Ord. No. 2002-9, § I.]
Planned commercial developments are permitted subject to the regulations set forth below as to the bulk regulations and to the parking requirements:
(a)
Planned commercial development means a contiguous tract of at least two acres to be developed according to a plan containing one or more structures with appurtenant common areas to accommodate a combination of the nonresidential, residential, and joint occupancy uses permitted in the CB district. For this purpose a contiguous tract means one or more contiguous lots, or parts thereof, under common ownership and control, designated by the owner as a tract to be developed together according to a plan. Lots shall be deemed contiguous if they have one or more common lot lines or, notwithstanding that they are separated by a street, if the extension of the lot lines on their existing bearings to the centerline of the street would result in a common lot line of at least 20 feet along the centerline of the street. The tract may be consolidated into one lot or it may be subdivided into two or more lots; provided, that all such lots conform to the regulation for the district.
(b)
The bulk regulations of section B17A-311.1 and the off-street parking and loading requirements of sections B17A-314 and B17A-318 shall apply.
(c)
The following design standards shall apply:
(1)
Building heights shall be varied within the development.
(2)
Buildings adjacent to other portions of the CB district shall be designed with such variations in height, bulk, and scale so as to avoid unreasonably adverse impacts on such areas.
(3)
Buildings of greater than three stories adjacent to residential districts shall be of varying size and heights and with varying setbacks so as to avoid long building lines, which tend to act as a barrier.
(4)
The common open space available for public use shall be designed to include a setting for outdoor cultural or entertainment activities.
(5)
The common open space available for public use shall connect with existing or planned adjacent pedestrian ways, plazas, and other open space and to public and private parking garages and shall be readily accessible to the public.
(6)
All building facades visible from the common areas and the public way shall include architectural elements and landscaping so as to avoid monotony and enhance their visual appeal.
(d)
The design standards and plat details of the subdivision article shall apply even if only site plan approval is required.
(e)
Existing residential uses in the development shall be preserved and no residential use shall be subsequently converted to nonresidential use.
(f)
Prior to the approval of a planned commercial development, the planning board shall make the findings required by N.J.S.A. 40:55D-45.
(g)
The applicant shall be responsible for assuring adequate parking and circulation during the construction of the development and shall submit a plan, acceptable to the planning board, which sets forth the manner in which this result will be assured. The planning board may require the development to be built in stages if this is necessary to assure that there is adequate parking and circulation during construction. If the development is to be constructed in stages, the applicant shall provide appropriate assurances, which may include an agreement with the municipality pursuant to section B17A-191, that the development will be completed.
§ B17A-307 Conditional uses.
[Ord. No. 77-1, § 2; Ord. No. 81-13, § 3; Ord. No. 83-38, § 3; Ord. No. 92-22, § 2; Ord. No. 95-21, § I; Ord. No. 98-9, § I]
The following additional uses may be authorized as conditional uses subject to the provisions of section B17A-208, and to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(a)
Residential and mixed uses.
(1)
Conversion of a residential building in existence on November 19, 1968, to a joint occupancy building, or the conversion of a part of the residential portion of a joint occupancy building to office or other nonresidential use; provided, that:
a.
No structural alterations or other construction shall create a new noncompliance or increase the degree of noncompliance.
c.
The Floor Area Ratio for the nonresidential portion of the structure after the proposed conversion shall not exceed 1.5.
d.
In the case of conversion to a joint occupancy building, at least 20 square feet of usable open space shall be provided for each habitable room.
e.
The remaining residential portion of the structure shall have a separate entrance upon a street either directly or via an unobstructed passageway.
(b)
Nonresidential uses.
(1)
(2)
Places with more than 10,000 square feet of floor area serving food and drink, whether or not the food and drink are to be consumed on the premises or elsewhere.
(3)
Assembly halls, bowling alleys and pool parlors, excluding amusement parks and penny arcade galleries.
(4)
Bus stations and taxi offices.
(5)
Private vocational trade schools with more than 10,000 square feet of floor area.
(6)
Nursing homes and private schools operated for profit.
(7)
Educational institutions.
(8)
Clubhouses, except for clubs whose principal activity is usually carried on as a business.
(9)
Railroad and public utility buildings, installations and rights-of-way needed to serve the general welfare of all or a significant part of the community; provided, that the planning board determines that no other reasonable location in a less restricted business district can be used for the purposes contemplated.
(10)
Amateur radio receiving and transmitting towers over 15 feet but less than 50 feet in height; provided, that any such tower shall not be located closer to any lot line or street line than its height, and in no event within a front yard or side yard.
§ B17A-308 Other use regulations.
§ B17A-309 Bulk regulations - Generally.
§ B17A-310 Residential buildings, joint occupancy buildings and rooming houses.
[Ord. No. 80-24, § 3]
One-family, two-family, attached and multiple dwellings, rooming houses, and joint occupancy buildings are subject to the following bulk regulations.
One-Family and Two-Family Dwellings | Attached Dwellings | Multiple Dwellings and Rooming Houses | Joint Occupancy Buildings | |
|---|---|---|---|---|
Maximum permitted: | ||||
Floor area ratio | — | — | 1.5 | 1.5 |
Height: feet | 35 | 35 | 65 | 65 |
stories | 3 | 3 | 5 | 5 |
Coverage (percent) | — | — | 60 | 60 |
Minimum required: | ||||
Lot area per dwelling unit (sq. ft.) | 3,000 | 3,000(1) | ||
Common open space per dwelling unit (sq. ft.) | 603 | 603 | ||
Lot width | 20 | |||
End lot | 40(2) | |||
Interior lot | 20(2) | |||
Lot depth | 80 | |||
Side yards | ||||
Smaller side yard, if provided | 8 | 12 | 12 | |
End lot, one side yard | 20(2) | |||
Rear yard | 25 | 25(2) |
Notes for table: |
(1)For attached dwellings, part of this lot area may be provided as common land, directly accessible from the lot of each individual dwelling unit; provided, that the lot of each individual dwelling unit shall have not less than the minimum lot width and lot depth. |
(2)For lot of individual dwelling units. |
(3)Land, courtyards, outdoor athletic facilities, roof gardens and atriums with a minimum area of 200 square feet and a minimum dimension of 10 feet, and balconies with a minimum area of 60 square feet and a minimum dimension of 6 feet, may be counted as common open space. Each such balcony shall be directly accessible to the occupants of only one dwelling unit from the interior of that dwelling unit. |
Dimensions are in feet, unless otherwise noted.
The Board of Adjustment may authorize not more than one story of additional height for residential purposes, and the Board may authorize an increase in floor-area-ratio to 2.5 overall for an increase in the residential floor area of joint occupancy buildings, in accordance with the same findings as are provided for in section B17A-210.
§ B17A-310.1 Multiple dwellings, rooming houses and residential portion of joint occupancy buildings - Window area and light and air.
[Ord. No. 80-24, § 4.]
(a)
Every living room and sleeping room in a multiple dwelling and rooming house and in the residential portion of a joint occupancy building shall have a window area equal to at least 10% of the floor area of such room.
§ B17A-311 Nonresidential buildings.
[Ord. No. 77-1, § 2; Ord. No. 81-24, § 4; Ord. No. 81-43, § 1]
Parking Garages | Other Nonresidential Buildings | |
|---|---|---|
Maximum permitted: | ||
Floor area ratio | 3.0 | 1.5 |
Coverage | 100% | 100% |
Height | 55 feet | 5 stories not exceeding 65 feet |
Front yard | ||
Side yards | ||
Side yard | * | * |
Side yard abutting lot in R1, R2, R3 or R4 districts | 10 feet | 10 feet |
Rear yard | ||
Rear yard | * | * |
Rear yard abutting lot in residence districts R1, R2, R3 or R4 | 10 feet | 10 feet |
*No yard required. However, if a yard is provided, it shall be not less than 10 feet. |
§ B17A-311.1 Planned commercial developments.
[Ord. No. 81-24, § 4]
(a)
All bulk regulations for the CB district shall apply to a planned commercial development, except that:
(1)
The floor area ratio for the tract, including the portions thereof which are already developed, shall not exceed 2.5; but the nonresidential uses may not exceed a floor area ratio of 1.5. Floor area ratios otherwise applicable shall not apply.
(2)
If the tract includes an area designated on the plan for the construction of one or more above grade parking garages, then, at the applicant's option, the computation under subsection (b)(1) above may be based on the area of the tract, excluding the area designated for parking garage use, in which case the applicant shall also be permitted a floor area ratio of 3.0 for parking garage use for the area of the tract so designated on the plan. If the area designated for parking garage use is in excess of the foundation area of the garage, such excess area shall be adjacent to the parking garage and not separate by a street; and shall remain undeveloped except for appurtenant structures or facilities necessary to serve the parking garage use.
(3)
No new buildings, other than parking garages, shall have a floor area in excess of 100,000 square feet.
(4)
The common open space available for public use, serving the development, including but not limited to, pedestrian ways, plazas, and green areas but excluding the public right-of-way, shall comprise at least 25% of the tract.
(5)
Lot area, dimension and yard requirements shall not apply to the residential uses, but outdoor space per dwelling unit shall be provided in accordance with the requirements for common open space for multiple dwellings.
(6)
A basement used for parking and only incidentally for other permitted building facilities, shall not be considered a story for height purposes when the average height structural ceiling of the basement, around the perimeter of the exterior of the basement, measured from curb grade, is not more than six feet.
§ B17A-312 Reconstruction of legally existing noncomplying buildings.
[Ord. No. 77-1, § 2]
A noncomplying building legally existing on November 19, 1968, may be reconstructed to the same floor area ratio as existed on such date; provided, that such reconstruction shall not create a new noncompliance. When such reconstruction occurs, only that amount of accessory off-street parking will be required for the new building as existed prior to reconstruction.
§ B17A-313 Other bulk regulations.
[Ord. No. 77-1, § 2; Ord. No. 83-38, § 3]
The additional bulk regulations contained in division 6, subdivision II of this chapter, with the exception of section B17A-379, shall also apply in CB districts.
§ B17A-314 Off-street parking and loading requirements - Generally.
[Ord. No. 77-1, § 2; Ord. No. 83-25, § 8]
In CB districts, accessory off-street parking spaces, open or enclosed, shall be provided for all construction, and accessory off-street loading berths, open or enclosed, shall be provided for all permitted nonresidential uses in accordance with the regulations set forth and referred to in sections B17A-314 through B17A-319. All such parking spaces and loading berths shall be subject to the provisions of division 6, subdivision III of this chapter.
§ B17A-315 Required parking - Residential buildings and dwelling units in joint occupancy buildings.
[Ord. No. 77-5, § 1.]
One-Family Dwellings | Two-Family Dwellings | Attached Dwellings | Multiple Dwellings | Occupancy Dwellings Required Parking Spaces | |
|---|---|---|---|---|---|
Per dwelling unit* | |||||
Housing for elderly | 1 | 1-1/2 | 1/3 | 1/3 | 1/3 |
Three or less habitable rooms | 1 | 1-1/2 | 3/4 | 3/4 | 3/4 |
Other | 1 | 1-1/2 | 1 | 1-1/2 | 1-1/2 |
For accessory uses | |||||
Per rented room | 1 | 1 | |||
Per accessory professional office | 1 | 1 | 1 | 1 | 1 |
* Where by special circumstance or condition a development will require parking that is different from the above, the applicant may request that the required parking for a particular development be determined by the planning board, taking into consideration the amount of traffic to be generated thereby, the likelihood of all day or short-term use of parking spaces, the location and availability of other means of access and other factors affecting the amount of traffic likely to be generated and the need for parking. |
§ B17A-316 Parking - Rooming houses and nonresidential uses.
[Ord. No. 77-1, § 2; Ord. No. 80-24, §§ 5, 6; Ord. No. 83-38, § 2]
At least one parking space for each: | |
|---|---|
Public and private secondary schools | 6 seats or students |
Public and private elementary schools | 12 seats or students |
Places of worship, libraries | 200 square feet of floor area, but not less than one space for each five seats, where provided |
Hospitals | 1 bed |
Nursing home and philanthropic institutions | 3 beds |
Eating and drinking places | 400 square feet of floor area |
Rooming houses | Guest room |
Theatres and assembly halls | 5 seats |
Service business uses not listed above | For ground floor: 300 square feet of floor area; For other floors: 450 square feet of floor area |
Office | 370 square feet of floor area |
Retail | 475 square feet of floor area |
Institutional | 360 square feet of floor area |
Hotel | 580 square feet of floor area |
For any other permitted buildings and uses, for which no requirements are set forth above, appropriate and comparable off-street parking requirements shall be determined by the planning board, taking into consideration the amount of traffic to be generated thereby, the likelihood of all day or short term use of parking spaces, the location and the availability of other means of access and other factors affecting the amount of traffic likely to be generated and the need for parking.
§ B17A-316A Off-street parking exception.
[Ord. No. 2009-33, § II; amended 4-12-2021 by Ord. No. 2021-09]
The off-street parking requirements set forth in Sections B17A-315 and B17A-316 above shall apply only to new construction. No additional off-street parking or loading berths shall be required for any change of use within an existing structure, except that any existing on-site parking spaces or loading berths shall not be removed or converted for any other purpose without site plan approval and/or the grant of variances associated therewith.
§ B17A-317 (Reserved)
Editor's Note: Former section B17A-317, Same — Conversions to nonresidential uses, previously codified herein and containing portions of Ordinance Nos. 77-1, 80-24 and 92-22, was repealed in its entirety by Ordinance No. 2009-33.
§ B17A-318 Required loading for nonresidential uses.
[Ord. No. 80-24, § 7]
Accessory loading berths, open or enclosed, shall be provided for nonresidential uses, except churches, parks, playgrounds, public buildings, public schools, private schools not operated for profit, parking garages or joint occupancy buildings with nonresidential floor area of less than 15,000 square feet, and movie theatres, as follows:
§ B17A-319 (Reserved)
Editor's Note: Former section B17A-319, Nonresidential buildings on lots or not more than 5,000 square feet, previously codified herein and containing portions of Ordinance Nos. 77-1, 82-3 and 92-22, was repealed in its entirety by Ordinance No. 2009-33.
§ B17A-320 Use regulations - Generally.
§ B17A-321 Uses permitted as of right - Generally.
[Ord. No. 77-1 § 2; Ord. No. 84-9, § 1; Ord. No. 97-16 § I; Ord. No. 2002-1 § 1; Ord. No. 2012-12 § 2]
The following uses are permitted as of right, subject to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(a)
Nonresidential uses.
(1)
Offices, limited to the uses permitted by section B17A-322(a)(1) to (10), but excluding offices on the first floor. For purposes of this section, offices shall include, but shall not be limited to, the following uses: real estate broker, stockbroker, financial planner, insurance agency, and other service professionals.
(2)
Parks, playgrounds and Public buildings.
(3)
Churches and other places of worship.
(4)
(Reserved)
(5)
Banks on the first floor of any multi story building subject to the following standards:
a.
The design of the bank shall include exterior public space between the building and the street that includes public seating, bike racks, refuse and recycling containers, landscaping, and decorative pavement (i.e. pavers, concrete with an attractive scoring pattern, stamped concrete, etc.).
b.
The vision glass portion of the front facade of the bank shall be a minimum of 35%.
c.
The ATM design shall be consistent with the building aesthetics and shall not be visible from a residential district.
d.
No more than 4,500 square feet of the first floor of any building may be devoted to bank uses.
e.
For ground floor banks one parking space for every 300 square feet of floor area shall be provided.
f.
Any/all floors above the ground floor must be residential use, which must be equal to or greater than the square footage of the first floor.
g.
Banks shall not occupy more than 50% of the ground floor of any building.
h.
Banks are permitted only in buildings with more than one story.
(6)
Parking garages and other off-street parking spaces, open or enclosed, subject to the provisions of division 6, subdivision III of this chapter.
(7)
Medical and dental offices.
(8)
Gasoline service stations, subject to the following conditions:
a.
The minimum lot size shall be 10,000 square feet, and the minimum width along the street line shall be 100 feet.
b.
Automobile repair work shall be performed within a building, except for minor servicing, such as change of tires or sale of gasoline or oil. Auto body shops, paint shops, radiator repair, tire retreading and automobile laundries are not permitted.
c.
No merchandise shall be sold or kept for sale, except petroleum products and automobile accessories reasonably necessary for the safe, lawful or convenient operation of motor vehicles.
d.
All automobile parts shall be stored within a fully enclosed building.
e.
No oil or oil drums shall be kept or displayed in tanks or other receptacles outside of the building and aboveground, except for immediate use in servicing cars; and such oil shall be kept in neatly racked or stacked containers of not more than 5 quarts.
f.
Gasoline or flammable oils in bulk shall be stored fully underground, not nearer than 25 feet from any lot line.
g.
No gasoline pumps shall be located within 60 feet of the centerline of any street. No more than one service island shall be permitted at any station. A maximum of three dispensing towers per service island shall be permitted. A maximum of six dispensing hoses with triggered nozzles shall be permitted on the service island.
h.
A wall, fence or suitable evergreen hedge or screen planting at least six feet in height shall be constructed and maintained between the service facility and any abutting lot. The design of such wall, fence or planting strip shall be subject to the approval of the planning board, which may also require additional planting to screen gasoline service stations, which may detract from the view of adjoining lots or residential uses and to preserve property values in the neighborhood. Where the lot abuts another service facility or a parking yard, the planning board may modify or waive this requirement for such abutting portion of the lot.
i.
Any lighting shall be arranged so as to avoid reflection and glare into any abutting R1, R2, R3 or R4 district or residential use. Each service island shall be illuminated by low glare lighting set at a height not lower than eight feet nor higher than 15 feet. The source of any lighting located on a service island shall not be directly visible from any adjoining residential lot.
j.
In addition to the usual accessory signs, as permitted in Division 6, Subdivision 1, sections B17A-367 through B17A-372 of this Article.
1.
One freestanding sign advertising the name of the station or garage and the principal products sold on the premises, including any special company or branch name, insignia or emblem; provided, that such sign shall not exceed 16 square feet in area on each side and shall be not less than 10 feet or more than 18 feet above the ground.
2.
Directional signs or lettering displayed over individual entrance doors or bays, consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty" or other words similar in import; provided, that there shall be not more than one such sign over each entrance or bay, that the letters thereof shall not exceed six inches in height and that the total area of each sign shall not exceed three square feet.
3.
Customary lettering on, or other insignia which are a structural part of, a gasoline pump, consisting only of the brand name of gasoline sold, lead warning sign, a price indicator and any other sign required by law, and not exceeding a total of three square feet on each pump.
4.
A non-illuminated credit card sign, displayed on or near the gasoline pumps, not exceeding two square feet in area.
5.
Two temporary signs, specifically advertising special seasonal servicing of automobiles; provided, that each sign does not exceed seven square feet in area and is not displayed for more than 60 days twice per year.
(c)
Joint occupancy uses.
(d)
Accessory uses.
(2)
Accessory parking spaces, accessory buildings and other accessory uses.
(3)
Accessory parking spaces and parking lots shall not be permitted to be located in the front yard or between the street line and the front of a building for any use except gasoline service stations. Parking lots located in side and rear yards shall be designed to allow interconnection with parking lots on adjoining properties by way of joint access easements.
(4)
Kiosks shall be permitted to be located within 25 feet of the Nassau Street right-of-way and shall be exempted from any bulk regulations and off-street parking and loading requirements. Kiosks shall be sited and designed in a manner that is integrated with the sidewalk and streetscape so as to engage, enliven and articulate the pedestrian experience for passersby and patrons. A kiosk shall be situated within an area of textured paving, landscaping, outdoor seating, pedestrian scale lighting and other high quality streetscape improvements as deemed appropriate by the Board of Jurisdiction.
§ B17A-322 Subject to floor area limitation.
[Ord. No. 77-1 § 2; Ord. No. 2012-12 § 3]
The following uses are permitted as of right; provided, that not more than 5,000 square feet of floor area per establishment shall be devoted to such use. Such uses shall be subject to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(a)
Nonresidential uses.
(1)
Retail stores and bakeries, excluding automotive sales or service establishments.
(2)
Eating and drinking places as long as no outdoor dining is permitted adjacent to residentially zoned and used properties on Murray Place.
(3)
Barbershops, beauty parlors, tailors, dressmakers and millinery shops, photographic studios, shoe repair, shoeshine and hat cleaning shops and similar personal service stores dealing directly with consumers.
(4)
Studios for dancing and music instruction.
(5)
Private vocational and trade schools and college preparatory and tutoring services.
(6)
Outlets and pick-up stations for laundries and cleaning establishments.
(7)
Self-service automatic laundry and dry cleaning establishments, containing a total of not more than 30 machines for washing, cleaning and drying. The use of flammable solvent is prohibited, except for the incidental removal of spots.
(8)
Electronic repair, locksmith, watch, clock and jewelry repair, upholstery and furniture repair and other similar service establishments furnishing services.
(9)
Art galleries and museums.
(10)
Crafting or arrangement of materials resulting in a finished product or commodity such as apparel, home decoration, jewelry, toys, furniture, leather goods, flowers, art work or similar products.
§ B17A-323 Conditional uses.
[Ord. No. 77-1 § 2; Ord. No. 98-9 § 1; Ord. No. 2012-12 § 4]
The following additional uses may be authorized as conditional uses, subject to the provisions of section B17A-208 and to the bulk regulations, parking requirements and other regulations set forth or referred to below:
(a)
Theatres, assembly halls, bowling alleys and pool parlors, but excluding amusement parks and penny arcade galleries.
(b)
Bus stations and taxi offices.
(d)
Mixed Use Public Space, subject to the following conditions:
(1)
Minimum lot width of 75 feet.
(2)
Minimum rear yard of 100 feet for building setbacks.
(3)
Joint occupancy buildings that are over 1.0 FAR and are part of a mixed use public space development are permitted to be three-stories and 45 feet in height, may contain office space on the upper floors and shall receive a FAR bonus of three square feet of additional floor area (beyond the floor area ratio for joint occupancy buildings) for each one square foot of public space provided up to a maximum FAR of 1.2 provided the following is complied with.
(a) | A public space shall be framed by setting buildings or a portion of a building a minimum of five feet further than the minimum required front yard facing Nassau Street. Such public space shall be framed by buildings and other streetscape elements and contain a minimum area of 1,000 square feet in area as measured in the front yard along Nassau Street. Public rights-of-way and driveway access easements crossing a public space shall not count toward the calculation of the minimum area. Portions of a building, not exceeding two stories in height, framing the side edges of a public space, may have a reduced front yard of 10 feet in order to increase the enclosure of the public space and compensate for the additional setback required to create such public space. |
(b) | Such public space shall be framed by joint occupancy buildings containing ground floor business uses that relate to and are oriented to activate the public space, such as restaurants with outdoor cafes and specialty food stores with sidewalk displays which may occupy the perimeter edges of a public space. Buildings or portions of buildings framing the public space shall be designed to contain a mix of architectural styles, facade widths, storefront designs, and frame the public space with well-articulated facades containing large pane display windows, projections such as awnings and balconies, recesses and other design treatments that create variety in the streetscape. |
(c) | The public space shall be dimensioned and designed to meet the needs for informal gathering and socializing by business patrons, residents, employees and visitors. The developer is encouraged to seek input from the neighborhood as well as the community regarding the design of public space in order to create a landmark focal point for East Nassau Street to provide accessible quality open space. The developer shall be responsible for extending the surface treatment and other design elements of the public space into adjacent portions of the public right-of-way in order to create a seamless integration of the public space with the adjacent sidewalk and streetscape resulting in a public space that appears and functions as larger than solely the portion of the lot area reserved for such public space. |
(d) | The developer shall provide a plan for ownership, maintenance and use of the public space to be approved by the Planning Board. |
(e) | Access, parking, loading, and HVAC shall be designed and oriented to minimize disturbances from traffic flow, light, noise, exhaust, and other nuisances to adjacent or nearby residential properties. |
(f) | Existing mature vegetation that helps to act as a buffer from neighboring residential properties shall be preserved to the maximum extent feasible. Where mature buffering vegetation does not exist or is destroyed, the developer shall comply with the buffering requirements of Section B17A-390c. |
(g) | Sixty percent of the first floor area, of any building utilizing the mixed use public space provisions, must be occupied by retail uses, eating and drinking places, laundry and dry cleaning establishment, dance studios, manufacturing and producing artworks and galleries or museums. |
§ B17A-324 Other use regulations.
[Ord. No. 77-1, § 2; Ord. No. 83-38, § 3; Ord. No. 2012-12 § 5]
§ B17A-325 Bulk regulations - Generally.
[Ord. No. 77-1, § 2; Ord. No. 2012-12 § 6]
The bulk regulations contained in sections B17A-325 through B17A-327 apply to all buildings and land in SB districts. Individual storefront facades within the district shall be designed with significantly different features in not greater than forty-foot intervals so as to give the appearance of separate buildings along a common lot street frontage.
§ B17A-326 All permitted nonresidential or conditional uses.
§ B17A-326.1 All permitted residential or joint occupancy uses.
[Ord. No. 2002-1, § 1; Ord. No. 2012-12 § 7]
(b)
Joint occupancy buildings provided all floors above the first floor are residential.
(2)
Minimum required:
a.
Front yard: 15.
b.
Side yard: 0/10.
c.
Side yard, abutting R1, R2, R3 or R4: 20*.
d.
Rear yard: 25.
e.
Rear yard, abutting R1, R2, R3 or R4: 50.
** A landscaped buffer a minimum of 20 feet in width shall be provided along any side yard that abuts a Murray Place residence. This landscape buffer shall include, but not be limited to, a fence and a double staggered row of evergreen trees 12 to 14 feet in height at time of planting |
§ B17A-327 Other bulk regulations.
§ B17A-328 Off-Street parking and loading requirements - Generally.
[Ord. No. 77-1, § 2; Ord. No. 2002-1, § III]
The off-street parking and loading requirements in SB districts shall be the same as the parking and off-street loading requirements for nonresidential and residential uses in the NB district, section B17A-301 and B17A-303. In addition, theatres, other places of assembly and vocational and trade schools shall provide at least one parking space for each five seats.
§ B17A-329 Residential buildings, joint occupancy buildings and rooming houses.
[Ord. No. 77-1, § 2; Ord. No. 97-2, § I; Ord. No. 2002-1, § IV.]
The bulk regulations for residential buildings, joint occupancy buildings and rooming houses in RO-1 districts, section B17A-274, are applicable to such buildings in all business districts. Moreover, in the CB district, some multiple dwellings and joint occupancy buildings are subject to different bulk regulations, as set forth in sections B17A-210 and B17A-310.
§ B17A-330 Nonresidential buildings.
[Ord. No. 77-1, § 2; Ord. No. 2002-1, § 5; Ord. No. 2012-12 § 8]
Nonresiden- tial Uses | Offices Only | Parking garages Only | Other Nonresidential Uses | ||||
|---|---|---|---|---|---|---|---|
Zoning district | RO-1 | NB | RO-1 | CB | NB | CB** | SB |
Maximum permitted | |||||||
Floor area ratio | 0.6 | 0.6 | 3.0 | 3.0 | 0.6 | 1.5 | 0.6 |
Height: | |||||||
Feet | 35 | 35 | 35 | 50 | 35 | 65 | 35 |
Stories | 3 | 3 | — | — | 3 | 5 | 3 |
Coverage (percent) | 30 | 30 | 80 | 100 | 40 | 100 | 40 |
Minimum required: | |||||||
Front yard | 15 | 15 | 15 | — | 15 | — | 15 |
Side yards | |||||||
Side yard | 10 | * | 10 | * | * | * | * |
Side yard abutting lot in R1, R2, R3, or R4 districts | 15 | 15 | 15 | 10 | 15 | 10 | 20 |
Side yard abutting lot in CB district | * | * | * | — | * | — | * |
Rear yards | 20 | 20 | 20 | * | 20 | * | 25 |
Rear yard abutting lot in CB district | * | * | * | — | * | — | * |
Rear yard abutting lot in R1, R2, R3, or R4 districts | 20 | 20 | 20 | 10 | 75 | 10 | 50 |
* No yard required. However, if a yard is provided, it shall be not less than 10 feet |
** Special provision for reconstruction of building with floor area ratio of more than 1.5. See section B17A-312 |
Dimensions are in feet, unless otherwise noted |