The regulations of this article and of Subsection 170-6.A of the Code of the City of Woodbury shall apply in all C-1 Commercial Districts with the exception that properties within the Downtown Business District Redevelopment Area that are to be (re)developed by a "designated redeveloper" shall be exempt from this article and shall follow the design standards found in the Redevelopment Plan.

A.

Permitted uses. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

(1)

Bank chartered under state or federal law.

(2)

Hotel, bed-and-breakfast.

(3)

Offices of commercial and industrial partnerships, companies or corporations, provided that no warehousing or storage of materials or equipment, including motor vehicles, other than the incidental storage of office supplies or records, shall be permitted.

(4)

Professional offices.

(5)

Offices of a public or quasi-public entity.

(6)

Retail sales, but specifically excluding the sale of new and used motor vehicles in all C-1 Zone Districts and specifically excluding package liquor stores in Historic Districts.

(7)

Retail services, but not to include drive-in restaurants and specifically excluding: check cashing, pawn shop, bail bonds, cash for gold establishments, gasoline stations, auto body and welding use, and motor vehicle repair.

(8)

Business services.

(9)

Residential apartments or condominiums on upper floors only.

(10)

Mixed-use buildings, limited to multistory buildings whereby a permitted commercial ground floor use is combined with upper floor use of either residential or office use and is served by an elevator. Ground floor use must provide storefront windows of a minimum of 70 percent of ground floor facade regardless of use.

(11)

Tattoo and/or piercing establishments, hair, nail, and/or massage salon and spa services subject to all local, county and state regulations and certifications.

B.

Accessory uses. Any of the following uses may be permitted when used in conjunction with a principal use:

(1)

Signs. See Subsection 202-58.I, Design regulations.

(2)

Parking in rear yards only. See Subsection 202-58.I, Design regulations.

C.

Conditional uses. The following uses may be permitted when authorized as a conditional use by the Planning/Zoning Board.

(1)

Elevator flats, provided that the following regulations are met:

(a)

Elevator flats: a residential building containing two or more dwelling units attached at one or more common roofs, walls, or floors. Typically, the unit's habitable area is provided on a single level with entrances provided from a common corridor. Common lobby elevators are required when more than one story above grade is provided.

(b)

The use may not have frontage on Broad Street. All frontage and access is from streets secondary to Broad Street.

(c)

Requirements of the Woodbury Downtown Redevelopment Plan and Form Based Code shall be met, including:

1.

Not more than five stories tall.

2.

Parking may not abut the primary street frontage.

3.

Building front shall be oriented to the primary street upon which the structure is sited and there are to be no blank facades.

(2)

Recreational and amusement facilities exclusive of live entertainment facilities, provided that all such uses shall be contained within a building or buildings.

(3)

Live entertainment facilities provided the following regulations are met:

(a)

"Live entertainment," as defined in this section, shall only apply to music, comedy and poetry performances. Other performance types shall be prohibited.

(b)

Live entertainment facility must obtain a license from the City of Woodbury to allow live entertainment and said license must be renewed on an annual basis.

(c)

Decibel (noise) levels associated with the establishment must not exceed City of Woodbury standards, found in Chapter 128.

(d)

Hours of operation shall follow City code, whereas all live entertainment confined to the inside of a building is limited to 12:00 midnight.

(e)

All entertainment activities must take place within the building or attached deck or patio or as part of an approved sidewalk cafe. Entertainment activity on attached deck, patio, or part of approved sidewalk cafe shall be limited to 10:00 p.m. Sidewalk cafes are permitted subject to Chapter 168.

(f)

Live entertainment establishments must apply to the City for site plan approval to review for such issues as parking, loading, trash removal, water and sewer connections, signage, lighting, hours of operation, any outdoor uses and anticipated noise levels.

(4)

Cannabis retail (cannabis establishment Class 5 license).

(a)

Must adhere to all laws and conditions of N.J.S.A. 24:6I-31 et seq.

(b)

Cannabis retail establishments may not be located within 1,000 feet of any school, both public and private, including, but not limited to Durand Academy and Child Development Center.

(c)

Cannabis retail establishments may only be permitted if they have direct frontage on Broad Street.

(d)

There shall not be any on-site consumption of any product related to cannabis retail establishment.

(e)

1.

A cannabis retailer may conduct curbside retail sales in accordance with this section upon approval of the Cannabis Control Commission ("Commission").

2.

Prior to initiating curbside retail sales, the cannabis business shall provide the Commission with, and shall seek approval from the Commission on, standard operating procedures regarding: (1) taking cannabis item orders, verifying photographic identification, and receiving payment; (2) logging transactions in the Commission-designated inventory management system, and, as applicable, the internal inventory management system; and (3) security needed to accommodate curbside retail sales.

3.

When a cannabis retailer conducts curbside retail sales: (1) a consumer shall place an order with the cannabis retailer in advance; (2) usable cannabis and cannabis products shall be labeled in the cannabis retailer's premises prior to retail sale on the exterior of the facility; (3) the cannabis retailer shall provide a consumer with an approximate pick-up time to reduce traffic around the premises; (4) prior to making a retail sale, cannabis retailer personnel shall conduct an in-person visual verification of the consumer's photographic identification; (5) all transactions shall be appropriately logged in the Commission-designated inventory management system, and as applicable, the internal inventory management system in accordance with N.J.A.C. 17:30-9.7 and 9.13; and (6) all transactions shall be conducted in a secure and monitored manner in accordance with N.J.A.C. 17:30-9.10.

4.

The cannabis retailer shall notify the municipality in which it is located and local law enforcement that it intends to conduct curbside retail sales.

(f)

Parking shall be provided on-site and shall be provided at a ratio of five spaces per 1,000 gross square feet of cannabis retail establishment.

(g)

Except as modified above, cannabis retail establishments must meet all Woodbury bulk and design standards established in Article XI.

(h)

Cannabis retail establishments are subject to site plan approval.

(5)

Cannabis delivery (cannabis establishment Class 6 license).

(a)

Must adhere to the laws and conditions of N.J.S.A. 24:6I-31 et seq.

(b)

Cannabis delivery establishments must be on the same lot and ownership as a cannabis retail establishment.

(c)

In addition to the parking requirements required for a cannabis retail establishment, cannabis delivery establishments must provide one off-street parking space for every employee or every delivery vehicle on the largest shift, whichever is greater.

D.

First floor restrictions and design standards. The following regulations apply to the designated areas of the C-1 Districts in the City of Woodbury, as defined below:

(1)

Purpose. This subsection of the zoning chapter is designed to encourage pedestrian activity in selected portions of the downtown business area by reserving much of the first floor of buildings in these areas for consumer-oriented and pedestrian-friendly uses, such as retail sales and services and related uses.

(2)

Locations of applicability. These regulations shall apply to buildings or land which face public sidewalks along the following street segments:

(a)

South Broad Street, on the west side, from Delaware Street to West Barber Avenue.

(b)

South Broad Street, on the east side, from Cooper Street to East Barber Avenue.

(3)

Permitted uses. See above, Subsection 202-57.A.

(4)

Extent of first floor limitations. A minimum depth of 25 feet inside the building off of the front building face shall be open and clear to view via storefront windows by pedestrians from the public sidewalk. Blinds, shades, or other devices shall not be employed to obscure such visual access, except that in the case of retail sales, customary retail displays are permitted. Nothing herein shall be construed to prevent the provision of corridors or passageways providing access to uses in the rear of the first floor, which are not subject to the provisions of this limitation.

(5)

Facade treatment. The design of first floor facades for all buildings, new or renovated, shall be based on serving retail sales or services, with large window areas, large recessed entrances, attractive facade materials, signs and lighting. The following standards shall apply to all applications for facades of buildings in the applicable area:

(a)

At least 70 percent of the first floor facade between the heights of two feet and ten feet above the walkway grade shall be glazed and transparent.

(b)

Designs shall adhere to the Form Based Code Design Standards.

(c)

New structures shall have a minimum setback adjacent to any street of zero feet and a maximum setback of ten feet.

(d)

Within the Historic District, facade treatment shall be subject to Historic Preservation Commission review and report to the Planning/Zoning Board.

(Amended 8-11-2021 by Ord. No. 2342-21; 10-2-2023 by Ord. No. 2389-23)

The following area and building coverage regulations shall apply to all lots in the C-1 District:

A.

Minimum lot area:

(1)

Detached building: 6,000 square feet.

(2)

Semidetached building: 3,500 square feet.

(3)

Attached building: 2,500 square feet.

B.

Minimum lot frontage:

(1)

Detached building: 50 feet.

(2)

Semidetached building: 35 feet.

(3)

Attached building: 35 feet.

C.

Minimum front yard depth: Zero feet.

D.

Maximum front yard depth: Ten feet.

E.

Minimum side yard width:

(1)

Detached building: five feet for any one yard; 15 feet for the total of both side yards.

(2)

Semidetached building: five feet.

(3)

Attached building: zero feet.

F.

Minimum rear yard width. 20 feet.

G.

Maximum lot coverage: 80 percent.

H.

Height regulations: No building shall exceed 60 feet in height, except for elevator shaft equipment and HVAC-related facilities.

I.

Design regulations: New construction shall conform to the following regulations:

(1)

Architecture:

(a)

There shall be no blank facades; ground floors shall have a minimum of 70 percent windows on front facades and 20 percent windows on ground floor side and rear facades facing public areas; upper floor facades facing public areas shall have 20 percent windows.

(b)

Exterior facades (exclusive of storefronts) shall be brick, stone, architectural panel, glass or stucco over masonry.

(2)

Parking: all applications shall meet City standards for off-street parking in Section 202-74.

(3)

Buffers: all applications for new construction shall meet City standards for buffers.

(4)

Signs: when erected and maintained in accordance with the provisions of Article XV of this chapter.