Rockaway Township City Zoning Code
§ 54-30.51
R-B Regional Business District.
[Ord. No. 95-24 § 54-129; Ord. No. O-15-16, §§ 2, 3, 4, 5; Ord. No. O-21-09; Ord. No. O-21-23; Ord. No. O-23-23]
A.
Permitted principal uses. The R-B District is intended to permit a building or group of buildings, whether owned by one or more parties, developed as an integral mall entity and located within the ring road, or one or more buildings located between the ring road and a public thoroughfare. No building shall be erected, enlarged, altered, arranged or designed to be used, in whole or in part, except for one or more of the following uses:
(1)
Retail sales and service businesses and operations;
(2)
Public repair garages, where such garages are an integral part of a tire, battery and automobile accessory sales establishment operated by and in conjunction with a department store located inside the ring road, which department store has a total floor area of not less than 100,000 square feet. Each such tire, battery and automobile accessory sales establishment shall be limited to one vehicular entrance and exit doorway for each 10 automobile service bays within the building;
(3)
Business and professional offices, banks, savings and loan, small loan and other financial institutions and operations;
(4)
Hotels and motels as hereinafter defined and regulated, including accessory uses incidental to their operation, such as convention facilities, restaurants, kitchens, cafeterias, bars, nightclubs, gift shops, newspaper stands, cigar stores, barber shops, beauty parlors, swimming pools, sauna baths, gymnasiums and health clubs. Hotels and motels as herein regulated will be permitted only between the ring road and a public thoroughfare;
(5)
Food and beverage operations, including cocktail lounges, cafeterias and restaurants, as well as accessory outdoor dining areas as regulated at Subsection 54-30.51E(16);
(6)
Theaters and bowling alleys subject to the limitations set forth in paragraph E, below;
(7)
Medical cannabis dispensaries;
(8)
Cannabis retailers;
(9)
Cannabis delivery services;
(10)
Private schools and studios for dancing and music instruction and similar uses;
(11)
Amusement centers;
(12)
Fitness centers; and
(13)
Indoor recreation.
B.
Permitted accessory uses. Accessory uses and structures permitted in the R-B District are those uses and structures which are customarily incidental and subordinate to a permitted principal use. In case of a question concerning whether a use or structure is accessory to a permitted principal use, the determination thereof shall lie with the Zoning Board of Adjustment. Valet parking shall be considered as a permitted accessory use in the R-B District, subject to the attainment of a zoning permit.
D.
Prohibited uses. Any use other than those uses specifically permitted in paragraphs A, B and C above is prohibited. In addition, the following uses are specifically prohibited:
(1)
Any type of residential construction or use unless otherwise permitted by the R-B MFO Regional Business Multifamily Overlay District.
(2)
Any type of industrial operation or use such as manufacturing, fabrication, assembly, disassembly, extraction or alterations of materials;
(3)
Hospitals and mental, penal or correctional institutions;
(4)
Any business operation or storage or display of merchandise conducted outside the confines of a building, except as follows:
(a)
For outdoor dining as regulated at Subsection 54-30.51E(16).
(b)
If the primary use of the tenancy of the building is for the sale of garden supplies or nursery stock, in which case any storage or display as heretofore permitted shall be screened by a wall made of the same building material as the building containing the primary use. The wall shall be not less than seven feet high, and all merchandise stored or displayed shall not project higher than the required screening wall;
(c)
For operations accessory to the principal use and limited to 10% of the floor area of the primary use of the tenancy of the building.
(5)
Establishments commonly called and known as snack bars, dairy bars or fast-service food establishments and similar businesses engaged in the sale of food, soft drinks, ice cream and other similar goods or confections which are so prepared and served as to be intended for immediate consumption, and including those which provide direct sales through a window to patrons seated or standing outside the confines of the building in which the business is conducted. This shall not be construed to prohibit the fast-service food establishments within a mall building or outdoor dining areas as regulated at Subsection 54-30.51E(16).
(6)
Self-service or commercial laundries which conduct cleaning or laundering on the premises;
(7)
Massage parlors or stores with individual movie viewing facilities; and
(8)
Used car lots.
E.
Required conditions.
(1)
Lot area. The mall entity located inside the ring road shall have at least 50 contiguous acres.
(2)
Minimum floor area. The gross floor area of all buildings within the mall entity inside the ring road shall be at least 500,000 square feet.
(3)
Building setbacks. No part of any building or structure shall be closer than the following dimensional requirements:
(4)
Distance between buildings. No part of any building within the R-B zone shall be erected closer to any other building situated on the same lot than a distance that equals the sum of the heights of the two buildings. Notwithstanding the above, separate buildings may be constructed without meeting this setback provision if the buildings are an integral part of the mall buildings.
(5)
Building coverage. The total of the areas of vertical projections (to the ground) of the roofs of all buildings on a lot shall be limited to 30% of the lot or portion thereof subdivided or leased.
(6)
Impervious coverage. The total impervious coverage on any lot within the mall entity shall not be more than 80% of the total lot area. The total impervious coverage of any lot in the R-B Zone exclusive of the mall entity shall not be more than 65% of the total lot area. Notwithstanding the above, if any lot in the R-B district is also located within the CWR district, the total impervious coverage shall not exceed 45% of the total lot area.
(7)
Height. No structure shall have a height exceeding 50 feet, except that mall buildings shall have a maximum height limitation of 65 feet. Roof structures, such as elevator shafts, air conditioning apparatus, water storage tanks and related equipment shall be permitted above the height limitations, provided that such structures do not exceed 15% of the total roof area and do not exceed the height limitations by more than 10 feet.
(9)
Street improvements and traffic circulation.
(a)
It shall be the developer's responsibility to improve along the entire frontage any thoroughfare on which the mall property has frontage. All such thoroughfares shall have a right-of-way of 66 feet and pavement width between curbs of not less than 46 feet. All improvements shall be constructed in accordance with the standards specified in this chapter. This shall not be construed to prohibit the construction of all or parts of any required improvements with any municipal, County, State or Federal funds the developer is successful in obtaining.
(b)
All entrances and exits to the site shall be at locations approved by the Planning Board to ensure maximum vehicular and pedestrian safety.
(c)
Direct ingress to or egress from the site shall be prohibited within 200 feet of any existing street intersection. Ingress to or egress from any lot between the ring road and any public thoroughfare shall be prohibited from any public thoroughfare.
(d)
Marginal roads or access lanes shall be provided to serve the required parking areas approved by the Planning Board. Such roads or lanes shall be curbed and shall have a width between curbs of not less than 46 feet. One-way roads or lanes properly designated as such may have a width of not less than 24 feet. No direct access to any off-street parking space or stall shall be permitted from roads or lanes. In addition, service drives at least 30 feet in width shall be provided to every building on the site and shall be subject to approval by the Planning Board.
(e)
An adequate pedestrian circulation system of walkways shall be established separate from roads and parking lots. Ample signs and painted lines on pavement will be utilized as needed to insure safe crossing of roadways or aisles.
(10)
Landscaping.
(a)
Those portions of the entire site that are not used for roads or lanes, off-street parking and buildings, or pedestrian walkways, shall be attractively planted and maintained with trees, shrubs, lawns, ground covers and flowers as approved by the Planning Board. Notwithstanding the above, existing topography and natural features such as wooded areas, ponds, and lakes shall be preserved in their natural state insofar as is practical. Every parking lot shall provide within the lot landscaped areas at a ratio of one square foot of landscaped area for every 14 square feet of blacktop parking area. For the purpose of administering this provision, marginal roads and service roads, fire lanes and ring roads will not be counted as parking area. Grade transitions and any other unpaved areas inside the area bounded by the ring road that are landscaped and not paved may be counted as landscaped areas.
(b)
A planting plan shall be prepared by a certified landscape architect upon which will be shown the following data: number of plants, scientific name, common name, size of plant, root condition, spacing, and mulch material.
(c)
Installation details shall be provided for trees, shrubs, shrub beds, and any unique equipment or materials (e.g., fountains or pools).
(d)
Installation notes will be provided as needed to adequately clarify the design construction methods.
(e)
The soil erosion and control plan as required by State and County agencies (a separate plan) shall be in agreement with the landscape plan.
(11)
Utilities. The site shall be provided with adequate utilities, including water and sewerage facilities, as well as on-site storm drainage facilities, drainage basins and structures to properly dispose of all surface water. All utilities, including power and telephone lines, shall be installed underground.
(12)
Trash and recyclable materials. Every building within the R-B zone shall be serviced with an area for recyclable materials as set forth in Chapter 19, Solid Waste Management. All recycling areas shall be in a location on the site as approved by the Planning Board and shall be adequately screened so that no recycled material is visible from the lot line containing the area.
(13)
Nuisances and fire safety review. No operation within any structure shall generate any air or ground transmitted vibration, glare, noise or odor discernible beyond the limits of the site, nor create dangerous radioactivity, fire or explosion hazard or water or air pollution in violation of any applicable Township, State or Federal laws or regulations. In addition to the above, all performance standards of the I district shall be complied with. The site plan and structures shall incorporate the fire safety recommendations of the Municipal Fire Marshal as hereinafter required.
(14)
Hotels and motels. Hotels and motels shall be subject to the following regulations:
(a)
Definitions. For the purpose of administering this subsection, a "hotel" shall be defined as a building containing more than 50 individual lodging accommodation units, all operated as a single business, with each unit consisting of a bedroom, bathroom and closet space and each having access to a common entrance. The units, with the exception of those occupied by the caretaker or manager, are designed and used exclusively to accommodate transient guests and have no individual cooking facilities. Accessory uses incidental to the operation shall also be included in the definition of "hotel." A "motel" shall be defined as a building or a group of attached or semidetached structures consisting of more than 50 individual lodging accommodation units, all operated as a single business, with each unit consisting of a bedroom, bathroom and closet space and each having separate access to a parking space intended for the use of the occupants of the unit. The units, with the exception of the apartment of the manager or caretaker, are designed and used exclusively to accommodate automobile transients and have no individual cooking facilities. "Motel" shall include auto court, motor lodge and motor court hotel. Accessory uses incidental to the operation shall also be included in the definition of "motel."
(b)
Occupancy. No hotel or motel or any rental space therein, other than permanent concessionaires within a hotel or motel, shall be occupied by the same guest or guests for a consecutive period exceeding 30 days. It is intended that all guest occupancy shall be transient in nature.
(c)
Facilities. Each hotel or motel unit shall consist of at least one bedroom, bathroom and closet area. Cooking facilities within the separate rental units are specifically prohibited.
(15)
Uses operating after normal shopping hours. Any use that remains open in the mall after normal shopping hours such as restaurants, theaters and the like shall be so located that direct access to the parking area is available from the uses and the balance of the mall can be secured.
(16)
Outdoor dining. Outdoor dining shall be subject to the following regulations:
(a)
No outdoor dining area for any interior restaurant shall extend along the facade of an adjacent tenant space.
(b)
No outdoor dining area shall provide less than five feet of clear, unobstructed passageway between outdoor dining areas and any curblines, street trees, bicycle racks, signposts, or other fixture or obstruction.
(c)
The outdoor dining area shall be separated from pedestrian passageways by a barrier which shall not exceed four feet in height, unless otherwise stated. Barriers may consist of the following:
[1]
Sectional fencing or railings, which shall consist of rigid fence or railing segments that may be placed together temporarily or permanently to create a unified fencing or railing appearance. Sectional fencing or railings may be made of metal (aluminum, steel, iron, or similar) or of wood construction;
[2]
Planters may be used in conjunction with any sectional fencing or railings;
[3]
The following fencing should be prohibited as barriers: fabric inserts, board-on-board fencing, chain-link fencing, cyclone fencing, chicken wire, or similar appurtenances.
(d)
No outdoor dining area shall impede upon current exit access and/or means of egress for the main entrances to the mall property, the pathways for establishments and separate entrances, or for areas designed by the Township Fire Official as necessary for public safety.
(e)
Tents and similar appurtenances shall not be permitted in outdoor dining areas.
(f)
Outdoor dining areas shall be limited to not more than 20% of the total maximum permitted seating for the interior of the establishment.
(g)
The highest standards of cleanliness of the outdoor dining areas shall be maintained at all times, including frequent litter removal within and around the outdoor dining area.
(h)
Outdoor trash receptacles shall be required for all outdoor dining areas where there will be no table service.
(i)
No tables, chairs, benches, or other equipment used shall be attached, chained or in any manner affixed to any tree, post, sign, curb and sidewalk.
(j)
No food or drinks served or consumed at locations permitted for outdoor dining shall be prepared or stored other than in the interior of the eating establishment.
(k)
Due to their seasonal nature, outdoor dining areas shall not require any parking spaces in excess of the minimum parking requirements for the principal eating establishment.
(l)
Exterior live music, outdoor loudspeakers, public address systems, radios, live music, or any type of exterior sound system shall not be permitted after 11:00 p.m. Noise shall be kept at such levels as to comply with all provisions of the Township ordinances, including the Noise Ordinance as established in Section 28-12 of the Township's Revised General Ordinances.
(m)
Outdoor dining areas must close no later than 11:30 p.m.
(n)
Lighting servicing the outdoor dining area shall be kept at the minimum necessary to ensure the safety of the public and patrons and servers of the establishment. All lighting shall be directed towards the principal restaurant and shall comply with the lighting regulations set forth in Subsection 54-29.10 of the Township's Land Use and Development Regulations, except that the maximum lighting fixture and mounting height shall be 12 feet. Lighting for outdoor dining areas shall be restricted to its hours of operation.
(o)
There shall be no additional signage on the premises or on the furnishings and equipment utilized as part of the outdoor dining operation beyond that permitted for the establishment itself, provided that signs may be permitted on the variance of umbrellas. One temporary unilluminated sign not exceeding six square feet in area shall be permitted. Wording shall be limited to the name of the eating establishment and may state the item of food offer for sale.
(p)
The outdoor dining operation shall be operated and maintained by the same person or entity that operates and maintains the related restaurant establishment of which the outdoor dining is a part and extension thereof.
(q)
All establishments holding a valid liquor license must comply with all statutory provisions and regulations of the Alcoholic Beverage Control Commission and obtain any and all necessary licenses and/or permits pursuant thereto in order to serve alcohol in conjunction with an outdoor dining permit.
(r)
Indemnification.
[1]
The applicant shall agree to defend (including providing the costs of a defense, which includes but is not limited to payment of attorneys' fees and professional fees), indemnify, and save harmless the Township, its officers, agents, servants, employees and board members for any and all claims made by any person or entity for personal injury or bodily injury of any nature or for property damage, which injury or damage is alleged to have occurred out of the applicant's outdoor occupation and operation, whether or not such claims may be derived directly out of such occupation or operation or if such claims are in any way connected to such occupation and/or operation, and whether or not such claims are made as the result of the alleged intentional, grossly negligent or negligent acts of a representative, employee, agent, customer or invitee of the applicant. This duty to indemnify and defend shall extend to all activities which are undertaken in the context of said occupation and operation or which are in any way connected to same.
[2]
The applicant's responsibilities to indemnify and defend includes but is not limited to activities related to inspection, maintenance, use or operation, etc., of the premises, its systems, furnishings, machinery, equipment, implements, or appliances, etc., which may be used or in the possession of the applicant. In addition, such duty to indemnify and defend extends to claims of the failure of the Township to properly direct or instruct the applicant by way of ordinance, resolution or otherwise with respect to the applicant's outdoor occupation and/or operation and against claims or allegations of the Township's failure to supply additional security or other safety measures in connection with applicant's outdoor occupation or operation.
(s)
Insurance requirements.
[1]
The applicant shall procure, at its own expense, insurance as follows:
[a]
General liability insurance shall be provided with limits of not less than $2,000,000 any one person and $2,000,000 any one accident for bodily injury and $2,000,000 aggregate for property damage. The insurance policy shall be provided by insurance companies authorized to do business in the State of New Jersey.
[2]
A certificate or certificates of insurance in compliance with these requirements and a certified copy of the policy shall be supplied to the Township, including the provisions establishing premiums.
[3]
The insurance policy required hereunder shall include an endorsement naming the Township and its officers, agents, Engineer, Attorney, employees, board members and servants as additional insureds, which insurance shall provide primary and noncontributory insurance coverage to the Township, its agents, etc. The additional insurance shall include but not be limited to coverage for the additional insureds for bodily or personal injury, property damage or other loss for all circumstances in which the named insured is covered, including but not limited to circumstances in which the vendor's insurance policy provides coverage for the vendor's work (policy language: "your work") and for coverage which is included in the vendor's "products-completed operations hazard" coverage.
[4]
The insurance policy shall contain an endorsement stating that the policy shall not be changed or canceled prior to 30 days after written notice of a scheduled cancellation, termination, or expiration has been provided by the insurance carrier directly to the Township.
[5]
Insurance coverage having policy limits in the amounts required by the Township shall not be construed to relieve the applicant from liability in excess of such coverage, nor shall it preclude the Township from taking such other actions as are available to it under the provisions hereof or otherwise in the law.
[6]
During the applicant's outdoor occupation or operation, the applicant shall be obligated to renew the insurance policy in advance of the time in which it is scheduled to expire. In cases where the required insurance policy is cancelled or terminated during its term, the applicant shall immediately procure insurance to replace such policy, and shall immediately provide all insurance information required by the Township as proof that the canceled or terminated policy has been restored or replaced.
In the event the applicant refuses or otherwise fails to renew its insurance policy, or the coverage is canceled, terminated, or modified so that the insurance does not meet the requirements of the Township's approval, such failure shall constitute default by the applicant and, upon written notice of default from the Township Clerk and/or Business Administrator, shall suspend the applicant's approval to conduct the outdoor occupation and operation and shall require the applicant to cease outdoor operation until authorized, in writing, by the Township Clerk and/or Business Administrator to resume such occupation and operation.
Failure of an applicant in default with notice to immediately comply with the direction of the Township to cease outdoor occupation and operation and/or the applicant's failure to affirmatively contact the Township Clerk or Business Administrator to immediately report the expiration, cancellation, or termination of the insurance policy shall constitute a violation(s) of the provisions of the Township Zoning Ordinance, thereby subjecting the applicant to any and all fines and penalties provided for thereby.
(t)
Application. Persons or entities seeking approval for outdoor dining areas shall file a minor site plan, to be reviewed by the appropriate Board, which may refer the application to one or more of the following Township employees or their approved alternatives: Zoning Officer; Construction Code Official; Traffic Safety Officer; Township Engineer; Water and Sewer Department; Health Officer; and/or Township Planner. The Township Fire Official shall also review each minor site plan application for outdoor dining areas in order to ensure that public safety is maintained.
(17)
Medical cannabis dispensaries, cannabis retailers, and cannabis delivery services. Medical cannabis dispensaries, cannabis retailers, and, in specified circumstances, cannabis delivery services shall be subject to the following regulations:
(a)
The requirements of this subsection are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this subsection is inconsistent with the statutes and/or regulations of the State of New Jersey, the State statutes and/or regulations shall govern.
(b)
Prior to the operation of any medical cannabis dispensary, cannabis retailer, or cannabis delivery service, a license for such use must be obtained from the State of New Jersey and from the Township of Rockaway.
(c)
Site plan approval must be obtained from the Township of Rockaway Planning Board, or Board of Adjustment as the case may be.
(d)
Any medical cannabis dispensary, cannabis retailer, or cannabis delivery service shall, at all times, operate in complete compliance with the terms and conditions of its license(s) set forth by the State of New Jersey and the Township of Rockaway.
(e)
No medical cannabis dispensary or cannabis retailer shall warehouse products or conduct operations from or in a vehicle or any movable or mobile structure.
(f)
A cannabis delivery service shall only be authorized to deliver cannabis or related products which have been ordered by consumers from a licensed cannabis retailer.
(g)
There shall be a minimum setback of 200 feet from any medical cannabis dispensary, cannabis retailer, to any public or private school, house of worship, child care center, or day care center, as measured from building to building.
(h)
It shall be unlawful for any person to dispense cannabis or cannabis products at a licensed medical cannabis dispensary or cannabis retailer at any time other than between the hours of 8:00 a.m. and 10:00 p.m.
(i)
All medical cannabis dispensaries and cannabis retailers shall be located in an indoor, structurally enclosed area.
(j)
Performance standards.
[1]
Odor. A medical cannabis dispensary and a cannabis retailer shall have equipment to mitigate cannabis-related odor. The building shall be equipped with a ventilation system with carbon filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior of the premises. The carbon filters are required to be replaced regularly for the best effectiveness to mitigate odor. The ventilation system must be approved by the Township of Rockaway Division of Health and Building Department and may be subject to periodic inspection.
[2]
Noise. Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.
[3]
Security. All facilities associated with cannabis shall be secured and shall have full-time security protocols. Security protocols shall be submitted to the Township of Rockaway Police Department for compliance review with all safety and security standards established by the State of New Jersey for medical cannabis dispensaries, cannabis retailers, and cannabis delivery services. The Rockaway Township Police Department may, at their discretion and upon review of the proposed location, recommend or require additional safety and security measures.