Township of Florence, NJ Article XLI Waterfront District

[Added 10-5-2022 by Ord. No. 2022-13[1]]

[1] Editor's Note: This ordinance also repealed former Art. XLI, SMO Special Manufacturing Overlay District, added 2-5-1997 by Ord. No. 1997-1, as amended.

§ 91-294 Purpose.

A. The purpose of the Waterfront District is to provide for the combination of residential uses, retail and service uses, public parks/recreation areas, marinas and other river-oriented activities within a planned development or district. Such development is intended to be designed to provide for an internally oriented group of activities which are functionally integrated relative to land uses, vehicular and pedestrian circulation and the arrangement of structures.

B. In addition, the intent of the zone is to promote flexibility in the design and planned diversification in relationships among the locations of and types of uses and structures; to promote the advantages of modern site planning for community development through the efficient use of land:

(1) To enhance and strengthen the economic viability of the area;

(2) To facilitate an economic arrangement of buildings, circulation systems, land uses, and utilities; to preserve to the greatest extent possible the existing landscape features and amenities;

(3) To encourage innovative mixed-use development to serve the Township as a community focal point;

(4) To promote the creation of places which are oriented to the pedestrian and promote social interaction;

(5) To encourage an atmosphere to support healthy businesses;

(6) To recognize and plan for environmental constraints;

(7) To utilize existing historical, architectural and urban design elements as guidelines in the overall design of new or repurposed buildings or structures using the physical, visual and spatial characteristics of immediate and nearby buildings and structures to carry that theme into the Waterfront District, enhancing the architectural character of the area;

(8) To utilize existing park and waterfront walkway features and to incorporate waterfront access and water-oriented development in undeveloped areas in a harmonious and connected manner that develops a street and pathway providing a network of safe physical pedestrian and bicycle connections between neighborhoods and promotes the efficient movement of vehicles; and

(9) To provide additional usable and suitably located open space facilities and common facilities than would otherwise be provided while enhancing the public health, safety, and welfare.

§ 91-294.1 Permitted principal uses of land and buildings.

Existing uses and structures in the WF District are grandfathered for the existing principal and accessory uses as long as they remain in the current use. Upon termination of the current use, the following shall apply to the WF District.

A. Public and private parks and recreation-related uses.

(1) Public parks and playgrounds.

(2) Ice skating rinks.

(3) Private or commercial recreation facilities such as bike rentals, batting cages, driving ranges, miniature golf courses, and ice skating rinks.

(4) Miniature golf.

(5) Health and athletic clubs.

(6) Stadiums/arenas.

(7) Spray parks.

(8) Amusement parks.

(9) Picnic areas.

(10) Clubhouses.

(11) Multipurpose buildings for recreation and sporting events.

(12) Athletic fields and courts, indoor or outdoor.

(13) Boardwalks.

B. Marina-related uses.

(1) Public ramps and marinas.

(2) Private ramps and marinas.

(3) Marina-related offices.

(4) Sailing, boating, canoeing and kayak lessons, rentals and launches for motorized and nonmotorized boats and rental offices.

(5) Public and private mooring.

(6) Bait and tackle shops.

(7) Marine accessory shops.

(8) Boat clubs.

(9) Land and water scenic and sightseeing transportation.

(10) Marina pump-out services.

(11) Docks, floating docks, and piers, including fishing piers.

(12) Boat ramps and launches.

(13) Freestanding restrooms and showers.

C. Commercial/retail-related uses.

(1) Local retail shops and markets, including those for the purchase of groceries, meats, seafood, delicatessens, produce, baked goods, books, flowers, gifts, and other small-scale retail sales uses supportive of the Waterfront District.

(2) Retail sales related to waterfront uses or users.

(3) Galleries, craft shops, antique shops, artisan studios and shops.

(4) Open air markets and outdoor sales.

(5) Candy and ice cream shops.

(6) Souvenir shops.

(7) Produce markets.

D. Accommodation- and food-service-related service uses.

(1) Local service activities, including barber and beauty shops, banks, tailors, dry-cleaning and laundering operations and other small-scale service uses supportive of the Village of Roebling and related to the Waterfront District.

(2) Bed-and-breakfasts (may be an issue due to EPA restrictions).

(3) Hotels and inns (may be an issue due to EPA restrictions).

(4) Snack and beverage bars.

(5) Restaurants, coffee shops, cafes, cafeterias, buffets, banquet halls, eating and drinking establishments excluding drive-in establishments (eat-in and consumption out of doors or outside of the confines of the restaurant to encourage a physical connection to the water).

(6) Professional offices.

E. Entertainment-related uses.

(1) Playhouses and community theaters.

(2) Art galleries; fitness and recreational sports centers; instructional academies (fine and performing arts, language, sports and recreation); performing arts companies; sports teams and clubs.

(3) Museums and historical sites; nature parks and gardens.

(4) Amphitheaters and performance areas.

(5) Artwork and sculpture, indoor or outdoor.

F. Mixed retail/service and residential uses.

(1) Local retail and service shops or parking on the first floor with residential apartments, condos or artist lofts on the second and higher floors.

G. Other uses.

(1) Municipal parking lots.

(2) Municipal garages.

(3) Private parking lots and garages.

(4) Temporary construction trailers and one sign not exceeding 50 square feet advertising the prime contractor, subcontractor(s), architect, financing institution and similar data for the period of construction, beginning with the issuance of a building permit or one year, whichever is less, provided that said trailer and sign are on the site where construction is taking place and set back at least 15 feet from the street to the lot lines.

§ 91-294.2 Permitted accessory uses.

A. Surface parking lots.

B. Essential services - electric substations; water and wastewater infrastructure.

C. On-site renewable energy production.

D. Water supply and treatment.

E. Solid waste and recycling enclosures.

F. Fences (in accordance with § 91-92).

G. Decorative retaining walls and decorative walls used in conjunction with landscaping and/or screening.

H. Wharves and docks.

I. Boardwalks, walkways, trails.

J. Off-street parking.

K. Signs.

L. Patios, decks and swimming pools.

M. Utility sheds that are architecturally compatible with the principal structure.

N. Outdoor seating, delivery, and pickup services for eating and drinking establishments with Planning Board site plan approval, applicable State of New Jersey Division of Alcohol Beverage Control (ABC) requirements, and meeting the following conditions:

(1) Seating must comply with the handicapped accessibility requirements of N.J.A.C. 5:23-7.

(2) Seating areas located adjacent to residential uses shall be appropriately and adequately screened by the use of fencing and/or landscaping in accordance with § 91-91 and as deemed necessary and specifically approved by the approving authority.

(3) No glare from exterior lighting of the outdoor seating shall shine into windows or onto streets and driveways in a manner as to negatively impact adjacent residential dwellings or interfere or distract driver vision.

(4) A minimum of five feet of sidewalk along the curb leading to the entrance of the establishment shall be maintained free of tables and other encumbrances to allow for pedestrian circulation.

(5) Planters, post with ropes, wrought iron railings or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the cafe.

(6) Extended awnings, canopies or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors.

(7) Outdoor cafes shall be required to provide additional outdoor trash receptacles.

(8) Tables, chairs, planters, trash receptacles and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.

(9) Outdoor cafes shall not be entitled to additional signage over and beyond what is permitted for this use.

(10) The operators of outdoor cafes shall be responsible for maintaining a clean, litter-free and well-kept appearance within and immediately adjacent to the area of their activities.

(11) No such seating shall be permitted within the right-of-way.

(12) Noise levels emitted from outdoor establishments shall comply with N.J.A.C. 7:29, Noise Control, regulations.

O. Benches, seating areas, street furniture.

P. Bicycle, jogging/running/walking trails.

Q. Board game tables.

R. Bocce ball, horseshoe/quoits, and shuffleboard courts.

S. Community flower and vegetable gardens.

T. Dog parks.

U. Exercise circuit trails.

V. Farmers markets.

W. Memorials.

X. Indoor and outdoor showers.

Y. Picnic and barbeque facilities.

Z. Shelters and gazebos.

AA. Bike racks and trash receptacles.

BB. Fish cleaning area.

CC. Other accessory uses customarily incidental to the principal use.

§ 91-295 Maximum building height.

No building shall exceed 35 feet or two stories. However, in the case of an existing building that is to remain, the existing height of that structure shall be permitted.

§ 91-295.1 Area and yard requirements.

A. Principal buildings. Minimum requirements shall be as follows:

(1) Lot area: 20,000 square feet.

(2) Lot frontage: 125 feet.

(3) Lot width: 125 feet.

(4) Lot depth: 150 feet.

(5) Front yard: 25 feet.

(6) Rear yard: 25 feet.

(7) Side yard, each: 50 feet.

(a) In order to encourage an end product which provides parking, access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side line(s) in order to be attached.

(b) Attached buildings may include two walls, which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate legal documents and plans showing properly located loading spaces and trash receptacles, with permitted access across adjacent properties. If structures are not attached, the side yard(s) shall be 20 feet each.

(8) Minimum setback from the Heritage Trail or water (Delaware River and Craft's Creek), whichever is closest to the proposed development: 50 feet.

B. Accessory buildings. Minimum distance shall be as follows:

(1) To side line: 20 feet.

(2) To rear line: 20 feet.

(3) To other buildings: 20 feet.

C. Maximum building and impervious coverage shall be as follows:

(1) Principal buildings: 40%.

(2) Accessory buildings: 5%.

(3) Impervious coverage (building and paving): 75%.

§ 91-295.2 Minimum floor area.

Each principal building shall have a minimum gross floor area of 2,500 square feet. Individual units within a principal building shall have a minimum gross area of 400 square feet and the width of each unit shall be a minimum of 20 feet.

§ 91-295.3 Design requirements, viewsheds, and general requirements.

All development in the Waterfront District shall conform to the following criteria:

A. The design of the development shall conform to community development goals and the goals and objectives as set forth in the Master Plan and associated documents of the Township of Florence and the Delaware Riverfront and Craft's Creek in order to create a consistent architectural scheme among its buildings and a streetscape well connected to neighborhood amenities, providing for the preservation of natural features, including environmentally sensitive lands, with integrated recreation and public amenities.

B. All waterfront development shall provide visible public access to the Delaware River or Craft's Creek, as the case may be. The continuity of public access along the waterfront shall be encouraged. Pedestrian connections to existing public open space shall be encouraged.

C. Existing or important views of the Delaware River and Craft's Creek are valuable public resources and shall be maintained to the greatest feasible extent within the context of the overall planning of all waterfront development. The approving authority may require such additional information on existing viewsheds as it deems reasonably necessary in order to determine compliance with this requirement.

D. Any principal building may contain more than one use and/or organization. Any lot may contain more than one principal structure, provided that each principal structure is located in a manner which will allow the possibility of subdividing the lot in a manner that each structure and resulting lot would conform to the zoning and subdivision regulations, including frontage on a public street.

E. At least the first 20 feet adjacent to any street line and 20 feet adjacent to any lot line shall not be used for parking and shall be planted and maintained in lawn area or ground cover or landscaped with evergreen shrubbery and separated from the parking area by poured concrete or Belgian block curbing.

F. Except as otherwise provided, no merchandise, products, waste or similar material or objects shall be displayed or stored outside unless adequately screened by natural or man-made barriers.

G. All buildings shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes, which shall not include unpainted or painted cinder block walls.

H. All portions of the property not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

I. A minimum buffer area of 30 feet in width shall be provided along any common property line with a residential district or residential use.

§ 91-296 Off-street parking.

A. Off-street nonresidential parking requirements for the various uses permitted in the Waterfront District shall be determined by the most recent edition of the Parking Generation Manual prepared by the Institute of Transportation Engineers and/or parking studies prepared by the Urban Land Institute (ULI) in conjunction with testimony on the adequacy of proposed parking by a licensed professional engineer (PE) in the State of New Jersey or, preferably, by a licensed professional traffic operations engineer (PTOE).

B. Off-street parking requirements for residential uses shall conform to the Residential Site Improvement Standards (RSIS).

C. Parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize access points to the street.

D. Where more than one use occupies one building or where there is an attached group of buildings, the total parking spaces shall be an accumulation of the various standards appropriate to the uses noted in the studies identified above.

§ 91-296.1 Off-street loading.

Minimum off-street loading shall be provided as follows:

A. Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area(s) at the side or rear of the building. Each space shall be a minimum of 15 feet by 30 feet, or the size required to accommodate the type of truck anticipated to be delivering goods to the facility. There shall be no loading or unloading from the street.

B. There shall be at least one trash and garbage pickup location provided by each building, which shall be separated from the parking spaces by either a location within the building or in a pickup location outside of the building, which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions, and if located outside of the building, it may be located adjacent to or within the general loading area(s), provided that the container in no way interferes with or restricts loading and unloading functions.

C. All off-street loading areas shall be lighted.

§ 91-296.2 Signs.

A. Wall-mounted or painted signs, provided the following standards are met:

(1) The sign shall be affixed to the facade of the building and shall not project outward from the wall to which it is attached more than six inches.

(2) The area of the signboards shall not exceed 5% of the ground floor front facade area or 24 square feet, whichever is less.

(3) No part of a sign shall be higher than 18 feet above the front sidewalk elevation and shall not extend above the base of the second floor windowsill, parapet, eve or building facade. No sign shall interfere with any architectural feature of the building that would negatively affect the appearance and integrity of the structure.

(4) One sign per business facade having frontage on a public accessway is permitted.

(5) One wall-mounted sign, not exceeding six square feet in area, shall be permitted on any side or rear entrance which is open to the public.

(6) Wall-mounted building directory signs identifying the occupants of a commercial building, including upper-story business uses, provided the following standards are met:

(a) The sign is located next to the entrance.

(b) The sign shall project outward from the wall to which it is attached no more than six inches.

(c) The sign shall not extend above the parapet, eve or building facade.

(d) The area of the signboard shall not exceed three square feet, with each tenant limited to one square foot.

(e) The height of the lettering, numbers or graphic shall not exceed four inches.

(f) Applied letters may substitute for wall-mounted signs if constructed of painted wood, painted cast metal, bronze, brass or black anodized aluminum. Applied plastic letters shall not be permitted.

B. Projecting signs, including graphic or icon signs, mounted perpendicular to the building wall, provided the following standards are met:

(1) The signboard shall not exceed an area of six square feet.

(2) The distance from the ground to the lower edge of the signboard shall be 10 feet or greater.

(3) The height of the top edge of the signboard shall not exceed the height of the wall from which the sign projects if attached to a single-story building or the height of the sill or bottom of any second-story window if attached to a multistory building.

(4) The distance from the building wall to the signboard shall not exceed 12 inches.

(5) The width of the signboard shall not exceed five feet.

(6) The height of the lettering or numbers shall not exceed eight inches.

(7) One sign per business is permitted. Projecting signs are not permitted in conjunction with freestanding signs.

C. Painted windows or door signs, provided the following standards are met:

(1) The total signboard shall not exceed 10% of the total window or door area in aggregate or six square feet, whichever is less.

(2) The sign shall be silk screened or hand painted.

(3) One window sign per business window and one door sign are permitted.

(4) A painted window or door sign may be provided in addition to only one of the following: a wall-mounted sign, a freestanding sign, an applied letter sign, a projecting sign or a valance awning sign.

D. Awing signs, for ground floor uses only, provided the following standards are met:

(1) If acting as the main business sign, it shall not exceed 10 square feet in area, and the height of the lettering, numbers, or graphics shall not exceed eight inches.

(2) It shall not be in addition to a wall-mounted sign.

E. Freestanding signs.

(1) No freestanding signs are permitted within 100 feet of the water.

(2) Beyond the area described in Subsection E(1) above, one freestanding sign is permitted subject to the following standards:

(a) The building where the business to which the sign refers is located shall be set back a minimum of five feet from the street or curbline.

(b) The area of the signboard shall not exceed three square feet.

(c) The height of the lettering, numbers or graphics shall not exceed four inches.

(d) The height of the top of the signboard or of any posts, brackets or other supporting elements shall not exceed eight feet from the ground.

(e) The signboard shall be architecturally compatible with the style, composition, materials, colors and details of the building.

(f) The sign shall be located in proximity to the main entrance to the business, and its location shall not interfere with pedestrian or vehicular circulation.

(g) Freestanding signs are limited to one sign per building.

F. General regulations for all signs.

(1) Businesses located in corner buildings are permitted one wall-mounted or awning sign or painted window sign for each street frontage.

(2) Businesses with service entrances may identify these with one sign not exceeding two square feet.

(3) One directional sign facing a rear parking lot is permitted. This sign may be either wall-mounted or freestanding on the rear facade, but shall be limited to three square feet in area.

(4) Sandwich signs shall be permitted, provided that each side shall not exceed 48 inches in height and 28 inches in width; shall be designed so as to complement the structure to which it refers; shall be professionally designed, constructed and lettered; and shall be placed on the sidewalk only during normal business hours in a manner which does not obstruct pedestrian traffic.

(5) Lighting of signs. All lighting shall be completely shielded from the adjacent residential dwelling and zoning districts. Light spillage of more than 0.2 footcandle onto adjacent properties shall be prohibited. Adequate shielding shall be provided to protect properties and streets from the glare of the illumination. Appropriate isolux curve illumination data shall be provided at application for a site plan or permit and shall be submitted to the Historic Preservation Committee for review.

G. Prohibited signs.

(1) A sign or structure which directs attention to a business, commodity, service, activity or entertainment not conducted or principally sold or offered upon the premises on which the sign is located.

(2) Signs attached to a portion of the roof.

(3) Signs employing flashing, rotating or blinking lights.

(4) Revolving signs, streamers, pennants or whirling devices.

(5) Neon signs.

(6) Internally illuminated signs.