Wildwood Crest City Zoning Code
ARTICLE IX
B-1 Business Zone
§ 85-45 Permitted Uses.
[Ord. No. 977 § 2]
The purpose of this district is to provide for business, commercial and office uses. Within this district, no lot or building shall be used and no building shall be erected or altered to be used, in whole or in part, unless it complies with the regulations set forth in this article. The following principal uses shall be permitted in this district.
A.
Residential use shall be permitted only on upper stories of mixed use buildings.
B.
Stores and shops for the conduct of any retail business, excluding drive-in and curb service establishments.
C.
Personal service establishments including, but not limited to, tailor, barber shops or beauty salons, watch repair, music and record shops, book and stationary stores, card and gift shops, camera shops and similar types of stores.
D.
Indoor repairing and servicing of any article which is permitted for sale in this zone.
E.
Food and food service establishments, including bakeries, candy and nut shops, specialty foods, and sandwich shops.
F.
Self-service and attended laundry and retail dry cleaning services, not including bulk processing, and in the case of dry cleaning establishments not providing for storage of more than 110 gallons of inflammable or toxic cleaning fluid on the premises.
G.
Offices for professional services such as physicians, lawyers or architects; small commercial offices such as realtors, insurance, or travel agencies; small governmental offices, including post office branches or social security; and offices incidental to uses permitted in this section.
H.
Banks, Savings and Loan Associations, and Other Fiduciary Institutions. Drive-up facilities may be permitted, provided such facilities do not adversely impede or conflict with the safe traffic flow required by the principal use on-site or off-site.
§ 85-46 Prohibited Uses.
All uses not listed above shall be prohibited in the Business District, and specifically the following:
A.
Outdoor coin-operated or mechanically controlled businesses including but not limited to car washes, shooting galleries.
B.
Any amusement related activity including but not limited to pool rooms, dance halls, moving picture theaters, ice or roller skating rinks, outdoor machine operated amusements (video machines) or bowling alleys.
C.
An operation open between 11:00 p.m. and 6:00 a.m. unless selling food for on- or off-premises consumption.
§ 85-47 Accessory Uses.
The following accessory uses shall be permitted in the Business District:
D.
Accessory uses and accessory buildings incidental to the above uses, i.e. fully enclosed storage, dumpster in side or rear yard only, signs, off-street parking and loading, and display kiosks.
E.
Public utility installations subject to the following special requirements:
1.
No storage of materials and trucks and no repair facilities or staging of repair crews shall be permitted, except within completely enclosed buildings.
2.
The exterior of any structure shall be in keeping with the other structures in the immediate neighborhood.
3.
The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.
4.
The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.
5.
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.
6.
Landscaping, including shrubs, trees and lawns, shall be provided and maintained.
7.
Off-street parking shall be provided as determined by the Planning Board during site plan review.
§ 85-48 Conditional Uses.
The following conditional uses shall be permitted in the Business District:
A.
Residential in conjunction with business uses may be permitted in the B-1 Zone with the following conditions:
1.
Living or sleeping accommodations for one household in conjunction with a permitted use on the ground floor.
2.
Such accommodations shall be incidental to the business use of the premises, shall be located within the principal building and only available above the ground floor of the permitted business use.
3.
Such accommodations are not located above business uses which by nature of their operation can be considered detrimental to residential living immediately above.
4.
The residential portion shall have a direct and separate entrance upon a street either directly or via an unobstructed passageway.
5.
The number of parking spaces for the residential uses shall meet the parking criteria for an office use.
C.
Motor vehicle service stations may be permitted in the B-1 Zone with the following conditions:
1.
Minimum lot width including any lot side shall be 100 feet.
2.
Minimum lot area shall be 10,000 square feet.
3.
Minimum setback line from all street lines shall be 40 feet.
4.
Minimum distance of buildings from all property lines other than street lines shall be 10 feet.
5.
Minimum distance between any access driveways and the lot line of the following uses-church, library, school and similar uses-shall be 200 feet, measured along the same street line in the same block.
6.
Minimum distance between gasoline pump islands, compressed air connections, and similar equipment and facilities and any street lines shall be 25 feet.
7.
Spacing of Access Driveways:
a.
Minimum distance from adjoining property lines shall be 10 feet.
b.
Minimum distance from intersections shall be 20 feet.
c.
Minimum distance between access driveways shall be 30 feet.
d.
Access driveways onto State or County highways shall be approved by the Borough Engineer and the State or County highway department.
8.
Hydraulic hoists, pits, and all lubrication, greasing, washing, and repair equipment shall be entirely enclosed within buildings.
9.
Exterior lighting shall be shielded so that it is deflected away from adjacent properties and from passing motorists.
10.
The proposed use shall not be detrimental to the health, safety, or general welfare of the Borough, and it shall not result in a depreciation of any established property values in the general area.
11.
To secure safe and efficient traffic movement patterns, the minimum distance between structures of any service station and another service station, or those for which a building permit has been issued: 200 feet, measured along the same street line in the same or adjoining block. For similar use establishments located on opposite sides of the street, the point of beginning measurement shall be offset to the opposite street line.
12.
No parking shall be permitted within the front yard setback. All parking in the side and rear yards shall be adequately screened and landscaped so as to obscure any stored vehicles from view at the adjoining lot lines and the public street.
13.
The premises of a motor vehicle service station shall primarily be used for the sale of gasoline; and the use of the premises for body work, painting, storage of wrecked or junked motor vehicles, major motor repairs, parking of car or trucks, or the sale or rental of any new or used motor vehicles, motorcycles, or trailers is hereby specifically prohibited.
§ 85-49 Bulk and Area Regulations.
A.
Minimum lot area shall be 3,200 square feet.
B.
Minimum first floor area shall be 750 square feet.
C.
Minimum lot frontage shall be 40 feet.
D.
Minimum lot width shall be 40 feet.
F.
Maximum lot coverage shall be 80%.
G.
Maximum building coverage shall be 50%.
H.
Maximum building height shall be two stories, but not to exceed 29 feet in height to the topmost point of the roof from the base flood elevation.
I.
All principal ingress and egress shall be solely off of New Jersey Avenue.
§ 85-50 Design Standards.
[Ord. No. 1116 § 1]
Any permitted and conditional use in the B-1 Zone shall only be permitted if it complies with the following standards:
A.
Parking and Service Areas.
1.
Curbing or curb stops shall be provided in all off-street parking areas and along all access-ways.
2.
No parking area, access drive or aisle may be permitted closer than five feet to any property line.
3.
Off-street parking areas and access-ways thereto shall be properly drained, and all such areas shall have a paved hard surface.
4.
All off-street parking areas and access-ways shall be so arranged that cars and trucks may be turned on the lot so that it is not necessary to back into any roadway.
5.
Common or joint driveway access and parking to the rear of sites is encouraged.
6.
Access driveways onto major thoroughfares shall be permitted only if alternatives, including side or rear access and common or shared single access driveways, have been considered by the Planning Board.
7.
Impervious parking coverage shall be limited, to the extent possible, by the use of parking in or under buildings, the elimination of excess paving, grassed land bank parking, and the use of permeable surfaces for paving where appropriate.
8.
Parking areas shall be designed to minimize pedestrian and moving vehicle conflicts. Pedestrian walkways, parking lot islands, signage and pavement texture differentiation shall be required by the Planning Board where appropriate to ensure the safe movement of pedestrians.
9.
All parking and service areas shall be screened from the view of adjoining residentially zoned properties and/or actual residential use.
B.
Parking Lot Extension Into Residential Zones. Any permitted use in the B-1 Zone may be permitted to extend its parking area into an adjacent residential zone if it complies with the following regulations:
1.
No access shall be permitted to the parking area from within the residential zone.
2.
Parking area may extend a maximum of 120 feet into the residential zone.
3.
A buffer strip shall be provided between the parking area and the residential zone. The buffer strip shall consist of a ten-foot wide planted area and a screen fence of six feet in height. Shrubs shall be planted five feet on center and shall be five feet in height at the time of planting. Evergreen trees shall be six feet to eight feet tall and deciduous trees shall have a minimum caliper of 3 1/2 inches measured six inches above the ground.
C.
Off-Street Parking Location. Parking spaces may be provided either on-site, off-site or a combination thereof.
1.
All off-street parking requirements shall be provided on-site. All off-street parking shall be designed in accordance with the standards contained in Article XV of this Ordinance.
2.
Commercial parking spaces may be provided on-site, off-site or a combination thereof.
3.
Off-site parking spaces for permitted uses may be provided through one or a combination of the following options:
a.
Providing the required spaces on other properties owned in fee simple by the commercial use, located within a zone which permits the proposed use(s), either contiguous with or within 300 feet walking distance of a primary pedestrian entrance to the site being developed.
b.
Providing evidence that the required spaces have been leased or rented from others within 300 feet walking distance. In such case, the space to be leased or rented shall be properly established under the terms of this Ordinance and the minimum term of such lease or rental shall be consistent with the probable duration of the proposed occupancy but not less than 20 years.
4.
If off-street parking requirements are not met as provided above, the developer must:
a.
Obtain approval of a parking space variance subject to the provisions of Article XV of this Ordinance, and
b.
If a variance is granted due to demonstrated hardship or other good cause, make a cash contribution to the Borough of Wildwood Crest for each required space not provided in order to develop a program of constructing public parking lots, in an amount equal to the cost of providing the required number of off-site parking spaces, to be calculated by the Borough Engineer.
c.
Any monies which are paid to the Borough for parking spaces under Subsection C.4.b above shall be a one-time credit against an assessment for parking spaces if they are included within the assessment.
D.
Building Design and Use.
1.
The treatment of side and rear walls of any building in terms of building materials shall be similar to the treatment of the front facade.
2.
The display of merchandise or nonpermanent uses and/or activities, e.g. picnic areas and vending machines, placed on the exterior premises of any building is prohibited. All solid waste not stored within a building shall be stored within an enclosed container.
3.
Buildings shall be oriented, to the extent possible, so as to maximize the potential for the use of solar energy for heating, cooling, and energy conservation.
4.
All buildings shall have a unified architectural treatment whether constructed as new or as an additional structure physically and aesthetically integrated with the existing structure. The Planning Board shall consider in its architectural review items such as materials, colors, building setbacks, facade treatments and building height and shall encourage the revitalization of existing structures to insure compatibility with proposed building additions.
E.
Site Design and Building Layout.
1.
The site design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands.
2.
To promote a desirable visual environment and to ensure good civic design, the Planning Board in its review shall consider, but not be limited in its consideration of, visual impacts of the proposed development, including views and view interference, shadow effects and solar orientation, noise impacts, and design compatibility with surrounding land uses.
F.
General Design Requirements. Any development in this district which will be used wholly or in part for business purposes shall be designed so as to provide a comprehensive development plan for the area for which it is a part, the goals being to control means of access and to coordinate internal pedestrian and vehicular traffic flow relating to existing development and architectural compatibility.
G.
Facade Review. Any new facade or change in the facade of an existing building (architecture, color and design) shall be reviewed by the Development Review Committee and approved by the Planning Board.