Westville City Zoning Code
ARTICLE VIII
C-3 Business District
§ 205-48 Use regulations.
A.
Permitted and conditional uses.[1]
(1)
A lot shall be used for the following purpose and no other:
(a)
Uses permitted in the R-1 Zoning District existing prior to the effective date of this ordinance ___________ (add date of adoption) that were compliant with the C-3 zoning requirements prior to __________ (add date of adoption) may continue to exist as an existing nonconforming use and may be altered in accordance with the R-1 requirements. New R-1 uses are not permitted, nor are conversions back to an R-1 use from a permitted C-3 use.
(b)
A single apartment in combination with and secondary to a primary business use. The apartment may not be at the front of the building on the first floor.
(c)
Hotels and motels.
(d)
Retail stores and showrooms.
(e)
Restaurant, cafe or catering establishment.
(f)
Professional office; business office; agency; studio; medical or dental offices or clinics; laboratory.
(g)
Club or lodge.
(h)
Bank or financial institution.
(i)
Personal services such as tailor, barber, beauty salon, dressmaking, shoe repair and the like.
(j)
Confectionery or bakery.
(k)
Repair and fabrication of items to be sold on the premises, provided that processing activities, if located on the ground floor, shall be screened from the front portion of the building by a wall or partition.
(l)
Dry cleaning and self-service laundry.
(m)
Funeral home.
(n)
Trade or business school and private instructional facilities such as for dance or martial arts.
(o)
Newspaper publishing or similar use.
(p)
Central telephone office; electrical substation.
(q)
Accessory uses on the same lot with and customarily incidental to any of the above permitted uses.
(2)
Conditional uses.
(b)
Gasoline service station.
[1]
A maximum of six gas pumps may be located at the facility.
[2]
Drive aisles and parking areas must be set back a minimum of 10 feet from the right-of-way. The setback area must be suitably landscaped.
[3]
Automotive retail sales must be limited to fuels, motor oils and other lubricants related to the operation of motor vehicle; changing of tires; changing of motor oils; sale of tubes, batteries, belts, hoses, lights and the like. Service to adjust, replace parts or condition of a vehicle is permitted. Motor overhauls, replacing engines and transmission replacements are only permitted inside the building. Painting of vehicles and body repair and replacement is not permitted.
[Amended 7-8-2013 by Ord. No. 9-2013]
B.
Where premises abut a residential district, no commercial building shall be erected within 20 feet of said residential district.
C.
The building line shall be determined in accordance with the existing established building line on each street.
D.
Except where specific provision is otherwise made in the Code of the Borough of Westville, where premises abut a residential district, no commercial business shall be operated from 12:00 midnight to 6:00 a.m. In any application before the Land Use Board, the hours of operation may be further restricted as a condition to any approval.
[Added 2-11-1986]
E.
Overlay zone.
[Added 8-9-2000]
(1)
Purpose. The limited and specific Light Industrial District Overlay as designated for certain limited and specific uses as provided for in § 205-52 of the Code of the Borough of Westville and as specifically noted as uses permitted in this overlay zone and uses as intended to supplement the C-3 Business District uses presently in existence at the location of the specifically noted lot and block.
(3)
The following specific uses as contained as part of the I-4 Light Industrial District shall be specifically permitted as an overlay use:
(a)
A wholesale business establishment.
(b)
Contractor or general service shop, including plumbing, heating, carpentry, welding, cabinetmaking, furniture repair, upholstery and similar shop.
(c)
Warehouse in conjunction with a permitted use or for products of manufacturing uses permitted in this overlay zone.
(d)
Manufacture of:
[1]
Beverages.
[2]
Clothing and other textile products, excluding manufacture of textiles.
[3]
Containers for food products, fruits and vegetables.
[4]
Cosmetics.
[5]
Electrical appliances and supplies such as lighting fixtures, wiring, toasters and radios, including manufacture and assembly of such, but not including heavy or large equipment or machinery.
[6]
Ice cream, butter and other dairy products.
[7]
Jewelry, clock and watches.
[8]
Medical, dental, drafting equipment, optical goods and other professional and scientific instruments.
[9]
Musical instruments.
[10]
Small or novelty products from the following previously prepared materials: bone, canvas, ceramics, cork, leather, felt and hair, excluding washing, processing; and small products from previously prepared paper, plastic or rubber, excluding rubber and synthetic processing; shells; wood.
[11]
Toys, tools, hardware and stationery.
(e)
Metal stamping, finishing and plating; extrusion of small products; and other similar light metal processes not involving heavy or large equipment or machinery.
(f)
Packing, crating or bottling establishment; not including canning, when conducted entirely within an enclosed building.
(g)
Storage within a completely enclosed building for products or manufacturing use permitted in this overlay zone.
§ 205-49 Area regulations.
[Added 4-10-1984; amended 2-13-2013 by Ord. No. 2-2013]
Lots used for residential purposes must comply with the area and regulations prescribed for the R-1 District. The area, yard and setback regulations for the C-3 District are set forth in the Table of Zoning Requirements included at the end of this chapter for easy reference.
§ 205-50 Use restriction overlay.
[Added 2-23-2000; amended 4-12-2000]
The Downtown Business Overlay Zone has been established to create additional guidelines and restriction between the downtown business area of Broadway between the Big Timber Creek and Duncan Avenue. The exact limits of the Downtown Business Overlay Zone are as shown on the Zoning Map. A lot within this overlay zone shall be used for the following purposes and no other:
A.
Single-family residence in combination with business, provided that:
(1)
First-floor residence is not permitted without the existence of a first-floor business establishment with a minimum area of 400 square feet.
(2)
First-floor residences may not occupy the front portion of the structure, "front portion" being more described as the area of building which is exposed to the right-of-way of the given street.
(3)
Second-floor residence is permitted and may occupy the front portion of the structure.
B.
Retail store; manufacturing display room, including motor vehicle sales agency, but not motor vehicle repair shop or similar use.
C.
Restaurant, cafe, catering establishment.
D.
Professional or business office, agency, or studio; medical; dental clinic or laboratory.
E.
Bank.
F.
Personal service shop, including tailor, barber, beauty, dressmaking, shoe repair or similar shop.
G.
Confectionery or bakery shop, custom shop for making or repairing articles to be sold at retail on the premises, fabrication by hand of wood patterns, models, wood dies and templates, provided that all processing activities shall, if located on the ground floor, be effectively screened from the front portion of the building by a wall or partition.
H.
Dry-cleaning agency, hand or automatic self-service laundry, or clothes pressing plant.
I.
Funeral home.
J.
Indoor theater; places of worship.
K.
Trade or business school.
L.
Newspaper publishing or similar establishment.
M.
Telephone central office.
N.
Motor vehicle parking lot, not to include automobile junkyard.
O.
Gasoline service station, limited to four pumps and two service bays. Such service station shall be limited to the sale of automotive fuels, motor oils and other lubricants related to the operation of motor vehicles, antifreeze liquids, greasing of motor vehicles, changing of motor oil, sale of tires, tubes, batteries, belts, hose replacement parts not connected with general overhaul, adjustment of brakes, lights and equipment in connection with motor tuneups, washing of motor vehicles, changing and repairing of tires, and other minor or limited work required to adjust, replace or condition a motor vehicle. However, no motor overhauls, changing or replacing engines, body or fender repair or replacement, or painting of vehicles shall be permitted.
P.
Any use of the same general character as any of the above-permitted uses when authorized by the Land Use Board as a conditional use, provided that no use which is noxious, offensive or hazardous shall be permitted.
Q.
Accessory use on the same lot with and customarily incidental to any of the above-permitted uses.
R.
Where premises abut a residential district, no commercial building shall be erected within 20 feet of said residential district.
S.
The building line shall be determined in accordance with the existing established building line on each street.
T.
Maximum building height within the C-3 Downtown Business Overlay Zone shall be limited to three stories, 35 feet maximum.
§ 205-51 Conditional uses. [1]
The permitted conditional uses in the C-3 District are as follows:
A.
Age-restricted housing (in accordance with the Fair Housing Act Amendments of 1992 of the Civil Rights Act of 1968) when the conditions in Subsection A(1) below are met:
(1)
Conditions.
(a)
Minimum lot size is one acre.
(b)
Maximum total number of units per building is 60.
(c)
Maximum density is 50 units per acre.
(d)
Minimum number of units to be affordable to low- and moderate-income households in accordance with the Uniform Housing Affordability Controls (UHAC) and the New Jersey Fair Housing Act is 20%.
(3)
Additional design standards.
(a)
Building materials shall be in accordance with the Westville Facade and Streetscape Improvement Program.
(b)
Buildings shall be designed to respond to the streetscape.
(c)
The facade of the building must be parallel to the street line.
(d)
Where a building is more than 80 feet long, there must be articulated vertical breaks at approximately thirty-foot to forty-five-foot intervals to provide visual interest and compatibility with the existing streetscape.
(e)
The building facade facing the street or right-of-way must have windows and ornamentation reflective of a downtown area. Blank walls are not acceptable.
(f)
The main entry must have a covered portico to provide architectural interest and protection from the weather.
(g)
Cornices must be provided above the first floor, with building step backs if possible, to provide a human scale to taller buildings.
(h)
Pedestrian sidewalks must be provided along the right-of-way (if they are not already present) or repaired to connect the main entries to the public realm.
(i)
A semipublic common space should be provided with landscaping, decorative paving and benches to provide a gathering space for residents.
(j)
Service areas shall not be prominent and should be shielded from public view.
(k)
Utilities, trash enclosures and roof-mounted equipment must be shielded from public view with materials to match the building facade.