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Scotch Plains City Zoning Code

§ 23-3.11

B-2 Business Zone.

a. 
Permitted primary uses.
1. 
Retail business establishments limited to the following:
(a) 
Hardware, paint, glass and wallpaper stores.
(b) 
Department stores and variety stores.
(c) 
Dry goods store.
(d) 
Retail bakeries, grocery stores and dairy stores and other similar food establishments.
(e) 
Apparel and accessories stores.
(f) 
Furniture, home furnishings and equipment stores.
(g) 
Radio, television, and music stores.
(h) 
Restaurants.
(i) 
Drugstores.
(j) 
Antique stores.
(k) 
Liquor stores.
(l) 
Book and stationery stores.
(m) 
Jewelry stores.
(n) 
Florist stores.
(o) 
Cigar stores and newsdealers.
(p) 
Camera, photographic supply and art supply stores.
(q) 
Gift, novelty and souvenir stores.
(r) 
Sporting goods, bicycle and hobby stores.
(s) 
Optical goods stores.
(t) 
Luggage and leather goods stores.
(u) 
Take-out food establishments and drive-throughs.
2. 
Personal service establishments limited to the following:
(a) 
Banks and fiduciary institutions and drive-throughs.
(b) 
Credit agencies.
(c) 
Security and commodity brokers.
(d) 
Real estate and insurance offices.
(e) 
Holding and investment company offices.
(f) 
Laundry and dry-cleaning stores and processing stores.
(g) 
Photographic studios.
(h) 
Barbershops and beauty shops.
(i) 
Shoe repair shops.
(j) 
Garment pressing alteration and repair and tailor shops.
(k) 
Miscellaneous repair services other than automotive.
(1) 
Sales and dispensing of motor vehicle fuels, sales of products associated with motor vehicles, repair of motor vehicles as well as retail convenience stores as outlined in Subsection 23-5.2e.
(l) 
Motion-picture theaters, except outdoor.
(m) 
Martial arts studios, gymnastics schools, fitness centers, dance studios and schools, performing arts centers, art schools, and the like.
(n) 
Medical and health services, including veterinarian services; this does not include boarding or any provision for overnight stays.
(o) 
Legal services.
(p) 
Engineering and architectural services.
(q) 
Accounting and bookkeeping services.
(r) 
Business offices.
3. 
Municipal parks, playgrounds, buildings and uses deemed appropriate and necessary by the Township Council.
b. 
Permitted secondary uses.
1. 
Off-street parking facilities for the use of customers and employees.
2. 
Garage space for the storage of commercial vehicles used in conjunction with a permitted business; provided, however, that any commercial vehicles stored and garaged on the premises shall be clearly incidental and subordinate to the business conducted thereon. By way of example, but not of limitation, a trucking or hauling business may not store its commercial vehicles on a lot with its business office in this zone.
3. 
Signs, in accordance with Subsection 23-3.4b.
4. 
Apartments shall be permitted on both the second and third floors of existing and new commercial structures, with all means of ingress and egress being separate and distinct from the principal use(s) on the first floor of said structures. There shall be no mixed uses (apartments and offices) on either the second or third floors of said structures.
[Amended 7-20-2021 by Ord. No. 2021-16]
5. 
Propane filling and exchange stations, used in conjunction with permitted uses as listed in Subsection 23-3.11a1(a), (b), (d), (f), (k), and (r), and 2(k) and c2. All propane filling and exchange stations shall comply with standards listed in N.J.A.C. 5:18 and the NFPA, and must apply for and obtain an annual zoning permit as provided in Subsection 23-2.3t.
c. 
Conditional uses (subject to the conditions of § 23-5).
1. 
Any conditional use as specified in Subsection 23-3.5c.
2. 
Motor vehicle service establishments.
d. 
Other provisions and requirements.
1. 
Truck loading and unloading facilities shall be provided on the property in other than the front yard area in sufficient amount to permit the transfer of goods in other than a public street.
2. 
Wherever a use in this zone is on a lot which abuts a residence zone or P Public Zone ,a ten-foot-wide landscaped buffer area shall be provided adjacent to the residence zone boundary in a manner approved by the approving authority. Such buffer area shall be suitably planted and maintained with landscaping materials of such species and sizes so as to preclude any detrimental effect upon the adjacent residence zone.
[Amended 7-20-2021 by Ord. No. 2021-16]
3. 
Off-street parking space for the use of customers and employees shall be provided as follows (this required parking may be considered to be met by an adjoining public parking facility subject to the determination by the approving authority that there is sufficient available capacity):
[Amended 12-13-2022 by Ord. No. 2022-37]
(a) 
Retail business uses: one space for each 200 square feet of gross floor area unless the property is located within Tier 1, Phase 1, Tier 1, Phase 2, or Tier 2, Phase 4 as depicted on the Township's Downtown Redevelopment Area Map dated October 14, 2022, attached as Exhibit A, in which case the required parking shall be one space for each 400 square feet of gross floor area.
(b) 
Personal and business service establishments: one space for each 200 square feet of gross floor area unless the property is located within Tier 1, Phase 1, Tier 1, Phase 2, or Tier 2, Phase 4 as depicted on the Township's Downtown Redevelopment Area Map dated October 14, 2022, attached as Exhibit A, in which case the required parking shall be one space for each 400 square feet of gross floor area.
(c) 
Professional and business offices: one space for each 200 square feet of gross floor area unless the property is located within Tier 1, Phase 1, Tier 1, Phase 2, or Tier 2, Phase 4 as depicted on the Township's Downtown Redevelopment Area Map dated October 14, 2022, attached as Exhibit A, in which case the required parking shall be one space for each 400 square feet of gross floor area.
(d) 
Restaurants: one space for each three seats, plus one space for each two employees unless the property is located within Tier 1, Phase 1, Tier 1, Phase 2, or Tier 2, Phase 4 as depicted on the Township's Downtown Redevelopment Area Map dated October 14, 2022, attached as Exhibit A, in which case the required parking shall be one space for each 400 square feet of gross floor area.
(e) 
Theaters and other similar places of public assembly: one space for each three persons of permitted occupancy unless the property is located within Tier 1, Phase 1, Tier 1, Phase 2, or Tier 2, Phase 4 as depicted on the Township's Downtown Redevelopment Area Map dated October 14, 2022, attached as Exhibit A, in which case the required parking shall be one space for each 400 square feet of gross floor area.
(f) 
Apartments over commercial establishments: off-street parking facilities shall be provided at the rate of 1 1/2 spaces for each apartment unit. All off-street parking spaces shall be located behind the front building line. Parking facilities required for the commercial use shall not be deemed to satisfy this requirement.
4. 
First-floor facades of newly constructed buildings shall provide at least 75% transparency. Rear facades of newly constructed buildings shall provide at least 50% transparency. First-floor ceiling elevation shall have a minimum of 15 feet of clear ceiling height.
5. 
In any building containing primary and secondary uses, the parking for the primary and secondary uses located on the ground level that is located under the building's upper levels shall be a permitted primary use provided that:
[Added 7-20-2021 by Ord. No. 2021-16]
(a) 
The parking is located to the rear or side of the primary use on the ground level.
(b) 
The parking is enclosed with a wall that is at least 40 inches in height and the exterior of the wall is constructed with the same building materials and architectural design as the main portion of the front building elevation.
(c) 
The primary use on the ground level shall meet the requirements under Subsection 23-3.11d6.
6. 
In any building containing primary and secondary uses, the gross floor area of the primary use on the ground level shall be at least 1/3 of the total gross floor area of the secondary uses in the building.
[Added 7-20-2021 by Ord. No. 2021-16]
7. 
To comply with the statewide electric vehicle supply/service equipment (EVSE) and Make-Ready parking spaces law as per P.L. 2021, c. 171, subject to the determination by the Township approving authority that there is sufficient available capacity by means of the ability of a parking space in an adjoining or other municipal parking lots, the applicant, if approved, shall be responsible to pay a one-time payment as determined by a cost estimate provided by the Township Engineer per deficient EVSE or Make-Ready parking space. The intent of this payment is to provide for EVSE and Make-Ready parking spaces to be supplied in any municipal parking lot only after it has been determined by the Township Council or land use board, whichever may be applicable, that the applicant has insufficient area to install the required number of EVSE or Make-Ready parking spaces on the subject property. If the applicant provides the required number of EVSE or Make-Ready parking spaces per state regulation on the subject property, then no payment is required under this section. This rate shall be calculated, and a separate bill shall be provided by the Tax Collector of the Township of Scotch Plains. This calculation and payment to the Township of Scotch Plains does not entitle the payee to reserved spaces in any municipal lot.
[Added 12-13-2022 by Ord. No. 2022-37]