South River City Zoning Code
§ 350-20
MSR Main Street Rehabilitation District.
A.
Intent and purpose. The intent of the Main Street Rehabilitation District shall be to encourage economic development and revitalization and inject into all properties in the district opportunities for growth and prosperity in conjunction with aesthetic improvements. This chapter intends to encourage building rehabilitation and promote pedestrian traffic to create a vibrant mixed-use neighborhood.
B.
Rehabilitation District goals.
(1)
To create an attractive mixed-use district along Main Street/Ferry Street with an appropriate tempo and scale of buildings for a downtown setting.
(2)
To improve the aesthetics of the Main Street/Ferry Street district with streetscape improvements, including street trees, sidewalk improvements and streetlighting to create a sense of place.
(3)
To recognize the role this area plays and its importance to the character of the South River community.
(4)
To create opportunities to create a landmark public space for the Borough.
(5)
Creation of a visual terminus point at key locations through the use of building massing and visual corner elements.
(6)
Provision of new retail or other nonresidential space along Main Street wrapping around corners of other collector streets.
(7)
Provision for a "density bonus" or "floor area bonus" for property owners/developers in the zone to encourage development.
(8)
To provide a coordinated parking program intended to meet residential need and to encourage nonresidential uses.
(9)
To eliminate buildings in poor repair and inappropriate land uses and to encourage development at a pedestrian-friendly scale and with linkages to public transit.
C.
District location. The location of the Main Street Revitalization Zone shall be indicated on the Zoning Map of the Borough of South River, based on the recommendations found in the 2011 Master Plan, and shall include all parcels and public lands contained therein.
D.
Permitted principal uses.
(1)
All uses permitted in the B-1 Neighborhood Business Zone.
(2)
Residential apartments (on upper floors only).
(3)
All office and personal service uses permitted in the O-P Office Professional Zone.
(4)
Art/artisan galleries, museums, art studios, health and fitness centers, day spas, licensed physical therapists and licensed massage and acupuncturists.
(5)
Restaurants, cafes, excluding drive-in and drive-through restaurants.
(a)
Restaurants and eating establishments shall be permitted to have entertainment in the form of various acts, including musicians, comedians, magicians, diverse musical groups.
(b)
Restaurants in this zone are permitted and encouraged to provide outdoor eating areas with tables and chairs, provided that all eating areas on the front facade of a building shall be of temporary nature and shall not block pedestrian circulation on any Borough sidewalk. Clear, straight and unobstructed passage for pedestrians of at least five feet in width shall be maintained at all times.
[Amended 7-17-2017 by Ord. No. 2017-13]
E.
Accessory uses: uses and buildings incidental to the above uses, including any use on the same lot with and customarily incidental to any use permitted in this district.
F.
Conditional uses.
(1)
Recreational facilities, video arcades, entertainment facilities including bowling alleys, skating rinks, indoor theaters, taverns, nightclubs shall all be conditional uses and shall be subject to site plan review and approval from the appropriate board.
G.
Prohibited uses.
(1)
Adult uses of any kind, including strip clubs, juice bars, go-go bars, pole dancing, nude clubs, adult book/novelty sales, and unlicensed massage parlors.
(2)
Boardinghouses or rooming houses.
(3)
Freestanding residential uses.
(4)
Drive-through or drive-in uses.
(5)
Gasoline stations, automobile sales, service and repair garages.
(6)
Houses of worship.
(7)
All uses not specifically permitted are prohibited.
H.
Bulk requirements.
(1)
Minimum lot area shall be 2,500 square feet.
(2)
Minimum lot width shall be 25 feet. Minimum lot depth shall be 100 feet.
(3)
All buildings having a frontage on Main Street and Ferry Street shall be located so as to provide a zero-feet setback to those streets, with a tolerance of five feet. In the case of infill development, new buildings shall be aligned with the average front alignment of the surrounding buildings. In no case shall any building have a front setback to Main Street or Ferry Street greater than five feet.
(4)
All buildings fronting on all streets other than Main Street and Ferry Street shall provide a front setback of 10 feet to those streets. In the case of infill development, new buildings shall be aligned with the average front alignment of the surrounding buildings.
(5)
The side yard setback shall be zero feet, provided that the lot line does not abut a residential district, in which case the minimum requirement will be 15 feet.
(6)
The rear yard setback shall be 20 feet.
(7)
When due to building orientation, lot configuration or other conditions that preclude entry into the rear of the property for parking area access, loading, refuse collection, emergency access, or similar purpose, a paved alleyway no greater than 15 feet shall be permitted alongside or within the frontage of the building. Where a building shall contain more than one story, additional stories may be constructed above said alleyway pursuant to all applicable building codes with the aforementioned side yard requirements.
(8)
All buildings shall be two-and-a-half-story or three-story buildings with a maximum building height of 40 feet.
(9)
The maximum percentage of building coverage shall be 70%. The maximum percentage of impervious coverage shall be 95%.
I.
Mixed-use requirements.
(1)
All retail uses shall be located in all ground floor locations in all buildings in this zone. Retail uses may be extended to the second floor and then the third floor space above an existing ground floor retail space when interior stairways or elevators are provided to connect the spaces.
(2)
All office and personal service uses shall be located on the ground floor, second floor or third floor, provided that no office or personal service use shall be located over a residential use.
(3)
All buildings may provide residential uses on any floor except the ground floor or the basement floor. No more than 67% of the total floor area of any building shall be dedicated to residential use.
(4)
Regardless of the gross floor area of any building, the maximum floor area of each and any separate and individual permitted use shall be no greater than 2,500 square feet. Each single space greater than 2,500 square feet shall require relief from the appropriate board.
J.
Requirements for buildings.
(1)
Maximum building footprint shall be 10,000 square feet.
(2)
No building shall exceed a building width of 200 feet along a single street frontage unless broken up by a plaza or courtyard.
(3)
Buildings should be placed to frame street corners.
(4)
To be compatible with a pedestrian scale, each ground level individual business shall provide a functioning, direct primary street entry. A shared entry is permitted for access to upper-level units and shall provide a glazed commercial doorway and an entrance lobby area.
(5)
All buildings shall have a base, middle and top, with the base differentiated with different materials from the upper floors. The top portions of all flat-roof buildings should provide parapets or deep cornices on front facades.
(6)
Buildings shall present a complete and discrete vertical facade composition at an average street frontage of every 50 feet.
(7)
Allowable projections on any second or third floor facade include bow windows and flat canopies and may project two feet into a front right-of-way. French balconies shall project not more than one foot.
(8)
Corner and tower elements are encouraged to create an architectural focus for the area. Such an approved element may exceed the building height without violating this chapter so long as the element does not exceed the building height by eight feet for a total height of no greater than 48 feet.
K.
Parking requirements.
(1)
Unless hereinafter specified, all parking design requirements of § 350-27, Off-street parking requirements, of this chapter shall apply.
(2)
All properties within this district with street frontage along any street are subject to the special parking requirements on that frontage.
(3)
Due to the availability of existing parking for individual properties and existing street parking spaces along Main and Ferry Streets and along its streets, all ground floor retail, personal service and restaurant uses that are permitted within the geographic limit of this zone shall not be subject to any parking requirement. Future parking needs, as they become evident, shall be satisfied through the construction of strategic parking lots on properties to be rendered available along or in the vicinity of Main Street.
(4)
All office, bank and commercial uses that are permitted within the geographic limit of this zone shall be subject to parking requirements specified in § 350-27, Off-street parking requirements.
(6)
All on-site parking facilities shall be located in the side or rear yards of each property, subject to all other requirements of § 350-27, Off-street parking requirements, of this chapter. All parking shall be prohibited in front yards.
(7)
Buildings on individual parcels in the zone are permitted to have contiguous on-site parking areas with free-flowing traffic between said parking areas.
(8)
No parking lots shall be closer than five feet to any property line of the parcel on which they are located, except for points of cross-access. There shall be available, as necessary, access to the rear of such properties for accessing parking areas, refuse collection, loading/unloading, entry of public safety vehicles and other necessary functions which require such entry.
L.
Loading requirements.
(2)
On-street loading/unloading and dumpster tipping in the MSR District shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.
(3)
All loading/unloading shall be permitted in the rear yard area only.
(4)
Where rear or side yard parking, loading or other utilitarian activities are proposed, a minimum ten-foot-wide buffer area shall be required adjacent to all residential uses, all rights-of-way, and all residential zones. Said buffer screen shall be comprised of a five-foot- to six-foot-high living evergreen wall and six-foot-high solid fencing to provide screening for the abutting incompatible uses.
M.
Landscaping requirements. Landscaping in this zone shall be subject to § 350-28, Landscaping and buffering, of this chapter.
N.
Signs.
(2)
No ground signs shall be permitted. Only facade signs are permitted in this district.
(3)
The maximum permitted sign area shall be 10% of the front facade. On corner lots, signs may increase to account for both facade areas. There shall be a limit of one sign per use or tenant.
(4)
When a ground sign is proposed, such signs shall be monument-style signs with a height no greater than four feet. A planter base shall be provided around the base of the sign. Such signs shall require relief from the appropriate board.
(5)
Shingle signs are permitted on the first and second floors. The maximum area should not exceed four square feet, the materials should be either painted wood or painted metal, and they should include ornamental metal brackets of some kind. They should only be externally illuminated, and the message should only give the symbol or the name of the business.
(6)
Surface-mounted signs on the first floor cornice/sign band shall contain individually mounted letters or symbols and not be a large board sign that obscures the cornice and its details. They should be externally illuminated, and the message should only contain the name or the symbol of the business.
(7)
Surface-mounted signs are not permitted above the first floor.
(8)
Awning signs shall be limited by the size of the fringe or the main area of the awning, depending on the location of the sign.
(9)
All billboard signs are prohibited.
O.
Awnings.
(1)
Cloth and canvas awnings are encouraged over building entrances and shall provide a minimum of eight-foot clearance and shall not extend more than four feet from the building facade.
(2)
If an awning is so steeply sloped that it serves as a sign rather than as shelter, the sign must meet all the criteria (size, message, lighting, etc.) for wall signs that could be above the first floor.
(3)
All types of colors and patterns are acceptable if they meet the criteria for colors and signs: plain, striped, patterned, decorative, and so on. They must, however, be compatible with the overall building.
(4)
If a single building contains more that one shopfront and more than one shop, the two awnings can either be identical to complement the building or they can differ to add variety and to express the identity of the individual shops.
(5)
If a single shop occupies the ground floor of two adjacent buildings, the awnings in each building can be identical, since the objective of maintaining the identity of the two buildings is met by the building designs.
P.
Architectural design standards.
(1)
The following activities regarding any of the buildings in the MSR Zone shall render the building(s) subject to the architectural appearance requirements listed below:
(a)
The new construction of a primary use building on a parcel of land.
(b)
The addition to an existing primary use building that is 10% or more of the gross floor area of the existing building.
(c)
The renovation or alteration in any manner of any outer wall of a building that faces street frontage or is considered the front of the building, including the addition of windows, doors or similar elements.
(d)
The renovation or alteration in any manner of any outer wall or combination of outer walls of a building.
(e)
The major internal renovation or alteration of a building which constitutes 49% or more of the gross floor area.
(2)
Architectural appearance requirements.
(a)
Since all of the existing buildings within the limits of this zone vary considerably in age and architecture in their present state, it is difficult to impose on them a rigid architectural design standard. Although beauty and character are subjective, there shall be an underlying design theme to the buildings and specifically to the facades so that a sense of conformity to a time period is achieved. Variation, creativity, uniqueness and distinction are encouraged, provided that there is a visual flow from building to building with no evidence of abrupt change or disruption in design or theme. Each building, although having its own identity, should complement the others in style and taste without the look of an exact copy.
(b)
The prominent veneers to be used for facades and sides of buildings facing the street shall be real brick (mortar or painted), limestone, unpolished granite.
(c)
The unpainted brick colors shall be in the brown, beige or red tones. Stone coloring shall be more flexible but maintain a subdued color scheme in keeping with the brick tones.
(d)
Other veneers such as wood shingles, Hardi-Plank, cementitious fiber shingles, cast iron, terra cotta, fiberglass, glazed tile, painted wood or metal or other man-made siding products and wood veneer products shall be considered secondary veneers to complement the brick or stone. The colors of such veneers shall be in subdued tones to blend in a compatible and aesthetic fashion. The use of fluorescent colors is prohibited, as are abrupt color changes, even in the subdued tones, that clash visually.
(e)
Aluminum siding, vinyl siding, faux brick face, metal panels, stucco/EIFS treatments are strongly discouraged, except in utilitarian areas not visible from the street.
(f)
No blank walls. All facades or sides of buildings facing the street shall have a decor that prohibits, for a maximum distance of 15 feet horizontally, bare unadorned walls along each floor. These walls shall have appurtenances either decorative or functional to satisfy the condition. Such appurtenances shall consist of windows, doors, columns, lintels, cornices, balconies, overhangs, awnings, arches, railings or any other architectural items that fit the herein recommended design theme.
(g)
Roofs should create visual interest. Roofs shall be of the A-frame peak type wherever possible and include turrets, dormers, cupolas, towers and gables to reflect "turn-of-the-century" attributes. Where it is necessary to install other than a peaked roof due to structural or height restrictions, parapets, cornices, eaves, turrets and other architectural devices that also reflect the above-stated attributes shall be utilized.
(h)
Windows for upper floors shall provide exterior muntins, casings, aprons, trims, shutters, etc., to provide an attractive and visually interesting facade.
(i)
Window glass shall be clear or lightly tinted. Dark-tinted or mirrored windows are prohibited.
(j)
Windows should occupy 70% of the linear expanse of a retail facade. Night security gates, grills or other security coverings of windows are prohibited.
(k)
Exterior facade sconce or gooseneck-style lighting is encouraged.
(l)
Rooftop mechanical equipment shall be fully screened from the street.
(m)
Buildings shall be richly detailed to create a visually interesting facade.
Q.
Public and quasi-public improvements.
(1)
Public plaza. The 2011 Master Plan envisions a public plaza at a highly visible location creating an "entranceway" into the Main Street Revitalization District. To accomplish this, any developer, as a part of any development application, may propose the creation of this plaza as a public or quasi-public space. Such a plaza may contain civic buildings, civic monuments, pedestrian areas, transportation links, and public art. It should be barrier free, extensively landscaped and situated to attract pedestrians into abutting retail spaces.
(2)
Off-site improvements. Within all lots in the district, the developer/property owner shall construct and maintain all streetscape improvements located on the street frontage of each property. This shall include installing sidewalks, access alleys, utility easements, curbs, gutters, undergrounding utilities, street furniture: benches, trash receptacles, bicycle racks, street trees and planters, and streetlights.
(3)
Outdoor dining.
(a)
Tables, chairs, umbrellas, small private trash containers, and planters are all desirable elements of the street furnishings.
(b)
All furniture should be made of painted metal, painted wood, stained wood, or some combination of these materials. The character of all furniture should complement the design of the building and the business that it adjoins.
(c)
The size of the table and chair groupings is limited to that which will maintain a clear walking path of four feet zero inches on the sidewalk, a sufficient width to permit pedestrians to pass but also to create the slightly crowded feeling of a truly vibrant place.
(d)
Overhead elements, such as umbrellas, should allow for clearance for passing pedestrians. A clearance height of seven feet zero inches is required, which is adequate for most pedestrians and yet preserves the sense of intimacy and shelter that an umbrella gives to a seated group.
(e)
Outdoor dining uses shall comply with all other dining provisions in this chapter.
(4)
Planters.
(a)
Planters that sit on the sidewalk should be made of durable materials. Plain ceramic pots and ornamental ceramic pots are the most common style, but stone, some ornamental concrete designs and certain large fiberglass pots can also be appropriately attractive.
(b)
The size of these pots should allow a walking clearance on the sidewalk of at least four feet zero inches.
(c)
Pots can be located either along the storefront or at the curb; if at the curb they cannot be in the way of swinging car doors: one foot six inches clear of the inside face of the street curb.
(d)
Wooden window boxes under the storefronts are permitted.
(e)
Plants should be selected which can stand the downtown climatic conditions and which need a minimum of maintenance. Merchants and/or building owners shall maintain all planters they use on their property.