Within the Business B Zone, no premises, lot,
building or structure shall be used, and no building or structure
shall be erected or altered to be used in whole or in part for any
other than the following specified purposes.
Permitted uses shall be as follows:
A.
Retail business activities of and similar to the following
types may be permitted:
(1)
Groceries and food stuffs.
(2)
Package liquors.
(3)
Drugs and pharmaceuticals.
(4)
Confectionery.
(5)
Dry goods and notions.
(6)
Stationery.
(7)
Hardware and paints.
(8)
Radio and television service.
(9)
Books and tobacco.
(10)
Periodicals and newspapers.
(11)
Antiques.
(12)
Barber and beauty shops.
(13)
Tailoring and dressmaking.
(14)
Dry cleaning collection but not processing.
(15)
Shoe repairing.
(16)
Retail florist.
(17)
Retail bakery.
(18)
Uses similar to those listed above.
B.
Business and professional offices, banks and fiduciary
institutions.
C.
Parking lot for private passenger vehicles, but not
for the storage of used or new motor vehicles for sale or hire.
D.
Restaurant, tavern, grill and other eating establishments,
but not including transient or mobile structures or drive-in restaurants.
E.
Mortuary or funeral homes.
F.
Assembly hall, bowling alley and other similar commercial
recreational activity, provided that it is carried on within a building.
G.
Sexually oriented businesses, as a conditional use, subject to the conditions set forth in § 233-34.1.
[Added 4-5-2005 by Ord. No. 05:04]
H.
Restaurants subject to the following supplementary
standards that will apply if the property line of a restaurant adjoins
a residential use or district:
[Added 12-19-2006 by Ord. No. 06:22;
amended 3-11-2020 by Ord. No. 20:02]
(1)
A landscaped buffer at least five feet in width shall be maintained on the restaurant property at its border with the residential district or use. Landscaping shall be provided in accordance with the requirements of § 231-29 of the Site Plan Ordinance.
(2)
Enclosures for trash and recycling shall be fenced and screened by
landscaping so as to not be visible from the residential district
or use.
(3)
There shall be no outdoor storage of any items or materials absent
site plan approval and screening and/or a fence as approved by the
applicable land use board.
(4)
Hours of operation of the restaurant shall be limited to 7:00 a.m.
to 11:00 p.m. In addition, deliveries may not be made earlier than
7:00 a.m., nor later than 11:00 p.m., and no trash or recycling pick-up
shall occur before 6:00 a.m.
(5)
Lighting shall meet the standards set forth in § 231-28, provided that at the property line with the residential district or use, lighting intensity shall be no greater than 0.1 footcandle.
(6)
There shall be no emanation of orders, fumes, and noise on the exterior
of the restaurant use.
(7)
There shall be no signage located in the side or rear yard of the
restaurant that adjoins a residential district or use.
(8)
Parking and loading areas shall be screened so as not to be visible
from the residential property or district.
I.
Automobile service stations, with or without convenience stores,
as a conditional use.
A.
Each business use shall provide loading and unloading
facilities which must be located on the same lot and shall not be
located in the required front yard and shall not be closer than 10
feet to the lot line of any property zoning for residential purposes.
B.
Where a business structure locates adjacent to an
existing business structure, the side yard adjacent to the existing
business need not be required, provided that there is vehicle access
to the rear yard or some other location; however, all other requirements
pertaining to the business must be complied with.
C.
Business structures or uses shall not display goods
for sale purposes outside of the structure in which such activity
is carried on.
D.
No storage of any kind is permitted in this zone other
than with an enclosed roofed building.
E.
No building or premises shall be used and no building
erected which is arranged, intended or designed to be used for any
kind of manufacturing or treatment of products, except that any kind
of manufacturing or treatment of products not included within the
prohibition of this section may be carried on if it is customarily
incidental to the conduct of a retail business conducted on the premises.
However, the space used for such manufacturing or treatment of products
shall not exceed 25% of the total floor space occupied by such retail
establishment on the premises.
F.
Any trade, industry or use prohibited in Light Industrial
and Laboratory Administrative Zones are prohibited in the Business
Zone.
G.
Exposed vertical exterior exhaust ducts or vents exiting the side
and rear of a building must be enclosed, surrounded, or walled to
match the exterior of the building and the exterior facade.
[Added 12-14-2022 by Ord. No. 2022:10]
[Amended by Ord. No. 88-0-22]
A.
The term "floor area" as used herein is defined as
that area used or intended to be used for service to the public as
customers, patrons, clients, patients or tenants, including areas
occupied by fixtures and equipment and used for the display or sale
of merchandise but not including storage area.
(1)
Retail stores: one space for each 100 square feet
of floor area.
(2)
Business, professional offices and banks: one space
for each 250 square feet of floor area.
(3)
Restaurants, eating and drinking establishments, and
catering halls: one space for each 2 1/2 seats.
[Amended 8-4-2009 by Ord. No. 09:06]
(4)
Mortuary or funeral home: one space for each car used
in connection with the business, plus one space for each 40 square
feet of assembly room floor area.
(5)
Assembly halls, theaters and so forth: one space for
each five seats provided for its patrons (based on maximum seating
capacity).
(6)
Bowling alley: four spaces for each alley.
C.
Nothing in this section shall be construed to prevent
collective provision of off-street parking facilities by two or more
buildings or uses located on adjacent lots, provided that the total
of such off-street parking facilities shall not be less than the sum
of the requirements for the various individual uses computed separately
in accordance with the standards contained in this section, and further
provided that the land is owned by one or more of the collective users.
D.
Parking facilities may be located in any required
yard space but shall not be less than 10 feet from any street line
or 10 feet from any lot line which is zoned residentially.
E.
The required parking space shall be paved with an
all-weather surface paving and shall be accessible from similarly
paved areas herein called "aisles" or from similarly paved driveways,
either or both of which must be connected directly or by means of
similarly paved driveways to a public street. All such paving shall
be maintained in a good usable condition. A two-way driveway shall
not be less than 18 feet wide and a one-way driveway not less than
10 feet wide, in addition to any space included for parking space.
Driveways and parking areas shall be illuminated during operating
hours if such hours occur after sunset. Illumination shall be shielded
from streets and adjoining residential properties. Driveways shall
be free of all hazardous conditions at all times.
F.
No certificate of occupancy for any building shall
be issued by the Construction Official until the parking space and
access facilities required by this chapter have been completed. Where
by reason of the adverse weather conditions, it is impractical to
complete the parking space and access facilities, the certificate
of occupancy may be issued upon the posting of a performance guaranty
approved as to form by the Borough Attorney and as to sufficiency
by the Borough Engineer. The performance guaranty will run for a period
not to exceed three months.
[Amended by Ord. No. 84-0-12; Ord. No. 87-0-10; Ord. No. 89-0-08]
A.
Nonilluminated business signs, which shall not project
more than 15 inches beyond the building line, shall each have an area
of not more than 20 square feet, provided that such business signs
shall in no case exceed in the aggregate 10% of the area of the street
wall surface, including window and door area of the building on which
or in front of which they are displayed.
B.
Illuminated business signs.
(1)
Illuminated business signs shall not exceed 10 square
feet in area and shall not project more than 15 inches beyond the
building line, provided that such signs shall in no case exceed in
the aggregate 5% of the area of the wall surface, including window
and door area of the building on which or in front of which they are
displayed, and that no such sign shall be so placed as to interfere
with a highway traffic light, traffic vision or similar safety factors.
No signs shall be illuminated by lighting of intermittent or varying
intensity.
(2)
Business signs may be illuminated but shall not be
erected, painted or composed of neon, fluorescent, phosphorescent
or similar material. Illuminated signs shall have sources of illumination
shielded in such a manner that the same are not visible from the street
or adjoining properties. No sign shall be illuminated by lighting
or intermittent or varying intensity, nor shall any illumination be
of any color light other than white. There shall be no external fluorescent
spot, flood or other decorative lights illuminating any sign. All
illuminated signs shall have a white background.
(3)
No business sign shall be in whole or in part moving,
flashing, animated, mobile or revolving.
C.
Placement of signs on facades and windows.
(1)
Only one sign for each business shall be permitted
on any facade of a building facing the public street. In the event
the side of the building is visible from the public street this too
shall be considered a facade facing the public street. Each business
sign shall be erected parallel to the face of the facade. The bottom
of each sign shall be at least eight feet above the highest point
of the finished grade along the applicable facade.
(2)
Advertising and/or identification of membership in
the retail or professional association or credit card, credit association
or plan or manufacturer's identification or legally required licenses
when attached to or painted on a window or windows of any structure,
alone or in combination with a permitted sign placed upon the same
window or windows shall not exceed 30% of the square footage of the
total glass area or glazing area.
D.
Freestanding signs or pole signs.
(1)
Freestanding signs or pole signs are a conditional use in the B Zone only. All applications for freestanding or pole signs shall be made to the Planning Board. The Planning Board shall review the application for the sign applying the same criteria as applicable to a site plan. The application for a freestanding or pole sign shall be considered a site plan application and be subject to all the conditions and requirements Chapter 231, Site Plan Review.
(2)
The following further conditions shall be applicable
to any freestanding or pole signs:
(a)
A freestanding sign shall only be permitted
if it is the only sign advertising a business. It shall not be permitted
in conjunction with any facade signs.
(b)
Not more than one freestanding sign shall be
erected for each 150 feet of frontage on a public street.
(c)
The aggregate area of the sign's two sides shall
not exceed 30 square feet.
(d)
No freestanding sign shall be located within
30 feet of the boundary line of the property where it adjoins a public
street and within 30 feet of a public or private off-street parking
or interior driveway or within 50 feet of the boundary of a residential
district.
(e)
The bottom of a freestanding sign shall be no
less than four feet above the finished base of the sign, and the top
of the freestanding sign shall be no greater than 12 feet above the
finished base of the sign.
E.
All refuse and papers shall be kept constantly removed
from ground spaces at least five feet in all directions around the
sign, and vegetation, except trees and shrubs, shall be kept trimmed
to not more than six inches in height.
F.
Except as otherwise specifically provided in this
section, no sign shall project beyond the building line. No part of
any sign shall extend above the top or beyond the ends of the wall
surface on which it is placed. No sign, except such directional devices
as may be required by federal aeronautical authorities, shall be placed,
inscribed or supported upon the roof or upon any building, which sign
extends above the roof of any adjacent building, and no sign shall
be placed as to interfere with the opening of any exit door or to
obstruct the view from any window opening to a room to be used for
dwelling purposes. Permits must be obtained from the Construction
Official for sign erection.
G.
Miscellaneous provisions.
(1)
Freestanding traffic control signs are permitted in
addition to signs affixed to the building facade or freestanding business
signs, provided that:
(a)
The signs provide traffic directions only.
(b)
The top of the traffic control sign shall be
no greater than six feet above the finished grade at the base of the
sign.
(c)
The size, color and sign of such sign shall
conform with the latest Manual on Uniform Traffic Control Devices
for Streets and Highways, United States Department of Transportation,
Federal Highway Administration.
(2)
Noncommercial exterior signs are permitted, not exceeding
two square feet, including but not limited to the designation of rest
rooms, telephone location, restrictions on smoking and exitways.
(3)
All illuminated signs shall be shielded so as to prevent
glare, and no sign shall be illuminated by lighting of intermittent
or varying intensity, nor shall any sign be of any color light other
than white.
(4)
One sign illuminated by white light only shall be
permitted identifying a school, house of religious worship, public
building or any other such public or quasi-public use, affixed to
a suitable post or upon the facade of the building, located not less
than 10 feet from any street or property line and not exceeding four
feet in length on any one side.
(5)
Streamers, flags, spinners, bunting and similar devices,
commonly used for grand openings and special events, are prohibited,
except in conjunction with the opening of a business, in which event
such display shall not exceed 14 days from the opening date of said
business.[1]
[1]
Editor’s Note: Former Subsection G(6), regarding temporary
signs for political candidates, was repealed 8-10-2016 by Ord. No.
16:14.
H.
The following temporary signs are permitted:
[Added 3-7-2000 by Ord. No. 00:02; amended 8-10-2016 by Ord. No. 16:14]
(1)
Real estate signs not exceeding 16 square feet in area.
(2)
Public issue signs not exceeding 16 square feet in area.
(3)
Political signs not exceeding 16 square feet in area.
(4)
Private sale or event signs not exceeding 16 square feet in area.
(5)
Governmental signs not exceeding six square feet in area.
The following uses and activities are specifically
prohibited in the Business B Zone:
A.
Dance hall, billiard room.
B.
Used car lot.
C.
Trailers and trailer parks.
D.
Gasoline stations and auto-repair shops.
E.
Theaters, including outdoor and temporary.
F.
Drive-in restaurants.
G.
Businesses that depict, sell, present, or display,
in any manner, any obscene form of expression or material.
[Added 4-5-2005 by Ord. No. 05:04]
H.
Sexually oriented businesses are permitted, but only as a conditional use, subject to the requirements of § 233-34.1.
[Added 4-5-2005 by Ord. No. 05:04]
I.
Communications
towers.
[Added 12-30-2009 by Ord. No. 09:13]
J.
Tattoo
parlors.
[Added 3-11-2020 by Ord. No. 20:02]
K.
Automobile
repair service, major.
[Added 3-11-2020 by Ord. No. 20:02]
L.
Drive-through
uses, with the exception of, coffee shops, banks, and pharmacies.
[Added 3-11-2020 by Ord. No. 20:02]
M.
Laundromats
or dry cleaners where laundry or dry cleaning is conducted on the
premises.
[Added 3-11-2020 by Ord. No. 20:02]
N.
Check
cashing establishments or financial service centers.
[Added 3-11-2020 by Ord. No. 20:02]
O.
Self-storage
facilities.
[Added 3-11-2020 by Ord. No. 20:02]
P.
Pawn shops.
[Added 3-11-2020 by Ord. No. 20:02]
Q.
Billiard
or pool establishments.
[Added 3-11-2020 by Ord. No. 20:02]
R.
Massage
establishments.
[Added 3-11-2020 by Ord. No. 20:02]
[Added 4-5-2005 by Ord. No. 05:04]
Sexually oriented businesses are permitted as
conditional uses in the Business Zone, provided that the following
conditions are complied with:
A.
No sexually oriented business may be located on any
lot that is within 1,000 feet of the lot on which there is located
any existing sexually oriented business; any church, synagogue, temple,
or place of worship; any elementary or secondary school or school
bus stop; any municipal or county playground or place of public resort
or recreation; any hospital or child-care center; or any area zoned
for residential use.
B.
Every structure used by a sexually oriented business
shall be surrounded by a perimeter buffer of at least 50 feet in width,
with plantings, fencing, or other physical dividers along the outside
of the perimeter sufficient to impede the view of the interior of
the premises in which the business is located.
C.
No sexually oriented business shall display more than
two exterior signs, consisting of one identification sign and one
sign giving notice that the premises are off limits to minors. The
signs shall be in compliance with the requirements for signs in the
zone, except that the identification sign shall be no more than 40
square feet in size.
D.
No obscene material may be depicted, sold, presented,
or displayed in or by any sexually oriented business.
E.
Every sexually oriented business shall comply with
the area and bulk requirements of the zone, except as otherwise provided
in this section.
