[Added 6-8-1995 by Ord. No. 16-95; amended 12-13-2012 by Ord. No.
23-12]
A.
The permitted principal uses in the OB-DS Zone District shall be
limited to the following:
[Amended 10-13-2016 by Ord. No. 28-16; 7-13-2017 by Ord. No. 18-17]
(1)
Business, administrative and professional offices.
(2)
Laboratories devoted exclusively to research, design and experimentation.
(3)
State-licensed hospitals.
(4)
Nursing homes.
(5)
Designed shopping centers containing a variety of retail sales
and services and related uses, including the following:
(a)
Supermarkets.
(b)
Food, beverage and liquor stores.
(c)
Health and personal care stores, including but not limited to
pharmacies and drug stores.
(d)
Convenience goods stores.
(e)
Eating and drinking establishments, such as but not limited
to restaurants and bars. Drive-in restaurants shall only be permitted
as part of designed shopping center as defined by this chapter and
as regulated by this article.
[Amended 10-11-2018 by Ord. No. 28-2018]
(f)
Home improvement stores.
(g)
Paint and wallpaper stores.
(h)
Hardware stores.
(i)
Garden centers.
(j)
Furniture and home furnishings stores.
(k)
Electronics and appliance stores.
(l)
Miscellaneous store retailers, including florists, office supplies
and stationery stores, gift, novelty, and souvenir stores, used merchandise
stores, pet and pet supplies stores, art dealers, tobacco stores,
and other miscellaneous store retailers, but excluding manufactured
(mobile) home dealers and merchandise auction houses.
(m)
Clothing and clothing accessories stores.
(n)
Sporting goods, hobby, and musical instrument stores.
(o)
Automotive parts and accessories stores.
(p)
General merchandise stores, including book stores, news dealers
and newsstands, department stores, warehouse clubs and supercenters,
and other general merchandise stores.
(q)
Banks.
(r)
Rental and leasing services limited to rental of formal wear,
costumes, and video tapes and discs.
(s)
Personal services limited to laundry, cleaning and garment services,
provided that commercial laundries and dry cleaning shall not be permitted
on the premises; portrait photographic studios; photofinishing services;
beauty salons, nail salons and barber shops; shoe repair and shoe
shine establishments, and diet and weight reducing centers.
(t)
Child-care centers.
(u)
Indoor physical fitness facilities.
(v)
Retail travel agencies and tour operators.
(6)
Hotels.
(7)
Conference centers.
(8)
Child-care centers.
(9)
Computer and data processing services.
(10)
Indoor physical fitness facilities.
(11)
Uses permitted in all zone districts of the Township by this
chapter or other applicable law.
B.
The permitted accessory uses the OB-DS Zone District shall be limited
to the following:
(1)
Surface parking and loading areas and driveways.
(2)
Parking decks and parking garages.
(3)
Signs.
(4)
Outdoor dining facilities accessory to permitted eating and drinking establishments, as regulated by § 166-119.5.
(5)
Outdoor storage, sales and display accessory to a permitted
home improvement center, garden center or supermarket.
(6)
Outdoor play areas accessory to a child-care center.
(7)
Drive-in facilities accessory to a bank, pharmacy or restaurant.
[Amended 10-11-2018 by Ord. No. 28-2018]
(8)
Pilot plants for the testing of manufacturing, processing or
fabrication methods or for the testing of products or materials, only
as an accessory use to a research laboratory. No materials or products
shall be manufactured, processed or fabricated on said premises for
sale, except such as are incidental to said laboratory research, design
or experimental work.
(9)
Other accessory uses and structures that are customarily incidental
to a permitted principal use, unless specifically prohibited herein.
C.
Conditional uses.
[Amended 10-13-2016 by Ord. No. 28-16]
[Amended 9-12-2013 by Ord. No. 29-13; 10-11-2018 by Ord. No. 28-2018]
Any principal use not specifically permitted herein or permitted
by other applicable law shall be prohibited in the OB-DS Zone District.
Uses specifically prohibited shall include the following:
A.
(Reserved)
B.
The display of goods for sale outside the confines of a building
and any business conducted outside the confines of a building, except
for the operation of drive-in ordering and pickup operations for permitted
drive-in uses, and except as specifically permitted herein.
C.
(Reserved)
D.
Storage yards, except as specifically permitted herein.
E.
The sale or rental of motor vehicles, mobile homes, trailers and
campers; provided, however, that such sale or rental shall be permitted
when accessory to a permitted home improvement store, hardware store
or garden center.
F.
Fuel oil dealers.
The lot, bulk and intensity of use standards for the OB-DS Zone
District shall be as set forth below. For the purpose of administering
and interpreting these standards, all required dimensions, areas,
ratios and percentages set forth below shall exclude areas reserved
for public roadway use, whether by easement or dedication.
A.
Minimum lot/tract area.
(1)
Designed shopping centers, hospitals and conference centers:
10 acres net developable area. Within said tract, developments involving
multiple buildings or uses that are part of a single overall development
and which demonstrate a permanent right to shared access, parking,
utilities and/or other improvements, as appropriate, may be permitted
individual lots for buildings or uses, with no minimum area or width
requirement, and said lots shall not be considered "lots" for purposes
of administering setbacks, coverage, ratios or other requirements.
(2)
Uses other than designed shopping centers, hospitals and conference
centers: five acres net developable area.
(3)
For purposes of administering the foregoing lot/tract area provisions,
"net developable area" shall be construed to the gross lot/tract area,
excluding the area of all water bodies, floodways, wetlands, required
wetland transition areas and conservation easements.
B.
Minimum average lot/tract width. The average lot width shall be measured
parallel to the front lot line and within 300 feet of the front lot
line. For corner lots, the required width need only be complied with
for one street frontage, not both frontages.
C.
Minimum floor area. The minimum floor area for designed shopping
centers shall be 75,000 square feet. For all other uses, the minimum
floor area shall be 1,500 square feet.
D.
Maximum floor area ratio: 30% of the lot area.
E.
Maximum improvement coverage: 70% of the lot area.
F.
Maximum building height.
(1)
Principal buildings: six stories and 85 feet, subject to the exclusion for rooftop equipment in Subsection F(2)(d) below.
(2)
Rooftop mechanical equipment, elevator penthouses, chimneys and similar apparatus and related structures shall be screened from view on all sides by parapet walls, roofs, screens or similar features. If the screening of such equipment and structures is designed to appear as an integral part of the building architecture, then no additional requirements shall apply other than Subsection F(1) above. Examples of the foregoing include equipment that is completely screened from view at a point six feet above ground level at the property line by a parapet wall, cupola, false mansard roof, etc. Where the screening of such equipment and structures is not designed as an integral part of the building architecture, or it is visually apparent that the screening is intended primarily for screening purposes, the following shall apply:
(a)
Such equipment, structures and screening shall be set back from
the perimeter of the roof a distance not less than the height of the
equipment above the roof.
(b)
For buildings having a horizontal area of less than 50,000 square
feet, the height of such equipment, structures and screening may not
exceed the height of the roof upon which they are installed by more
than 1/4 of the elevation of such roof.
(c)
For buildings having a horizontal area of at least 50,000 square
feet, the height of such equipment, structures and screening may not
exceed the height of the roof upon which they are installed by more
than 1/2 of the elevation of such roof, up to a maximum height of
15 feet above the roof. Any such equipment, structures and screening
having a height that exceeds 1/4 of the roof elevation shall be set
back from the perimeter of the roof a distance not less than twice
the height of the screening and equipment above the roof.
(d)
The horizontal area of such equipment, structures and screening
shall not exceed 5% of the horizontal area of the roof upon which
they are placed. For purposes of administering the foregoing, the
area enclosed by screening that does not completely enclose equipment
or structures shall be computed as the area of the smallest horizontal
rectangle within which the screening and equipment is located.
G.
Minimum front yard. Buildings shall be located at least 100 feet
from the Route 10 right-of-way or any road widening easement for Route
10, whichever is more restrictive. Buildings shall be located at least
75 feet from all other front lot lines or road widening easements,
whichever is more restrictive.
H.
Minimum side yard. Buildings shall be located at least 50 feet from
side lot lines, provided that buildings shall be located at least
60 feet from the right-of-way or road widening easement for Route
287, whichever is more restrictive.
I.
Minimum rear yard. Buildings shall be located at least 60 feet from
rear lot lines.
J.
Maximum number of principal buildings: no limit for shopping centers;
one principal building per lot for other uses.
K.
Maximum number of uses within the same building: no limit.
L.
Minimum distance between principal buildings. The minimum distance
between principal buildings shall be 40 feet.
In addition to all other applicable requirements of this article, Chapter 166 and any other applicable law, rule or regulation, development within the OB-DS Zone District shall comply with the following requirements:
A.
Access and circulation. The reviewing board may require a traffic
study for any large-scale development, which study shall demonstrate
that the access and circulation design for the proposed development
will not result in unreasonable traffic congestion or unsafe traffic
conditions, based upon the type of development proposed.
B.
Buffers and landscaping.
(1)
Designed shopping centers and conference centers shall be exempt from the requirement to provide buffers between the development and public streets as set forth in § 166-125A(3). All other uses shall provide buffers and landscaping as required by §§ 166-125, 166-153J, 166-153M and other applicable requirements of this chapter.
(2)
Parking area landscaping. Landscape plantings around the perimeter of parking areas shall be provided, plus landscaped islands between every bay of parking as required by § 166-153M. As an alternative to providing a landscaped island between every bay of parking, a development shall be permitted to provide up to three adjacent bays of parking without any landscaped islands between the bays, but only if a buffer consisting of plantings, berms, walls, fencing and/or topography is provided between the front lot lines and the parking area, and the buffer is designed to reasonably screen the view of the parking area from the street as determined by the Planning Board. Under no circumstances shall there be more than three adjacent bays of parking without any landscaped islands separating the bays.
C.
Architectural design.
(1)
Large buildings shall be designed to avoid unbroken building
masses in walls that face the street through the use of projections,
recesses, varying materials and other methods, or such walls shall
be screened from view by plantings.
(2)
Buildings shall either be designed with pitched roofs or with
parapets or other architectural features that provide visual breaks
in large areas of flat/level roofs.
D.
Outdoor sales and storage accessory to retail use. Outdoor sales
and storage areas accessory to retail use, whether covered by a roof
or uncovered, are permitted when delineated on a plan as approved
by the Planning Board. Such areas shall comply with the following:
(1)
Such areas shall be limited to no more than 20% of the gross
floor area of the use to which the area is accessory.
(2)
Such areas shall be construed to be leasable area for purposes
of determining the required number of parking and loading spaces.
(3)
Such areas shall not impede pedestrian, customer, or vehicular
circulation, and shall be designed to discourage inappropriate or
unsafe circulation movements.
(4)
The applicant for any such areas shall be required to demonstrate
that such areas shall be properly contained so as to avoid unauthorized
enlargement of such areas and to avoid litter or windblown or waterborne
debris.
(5)
The applicant for any such areas shall be required to demonstrate
that such areas will not interfere with the reasonable use of other
businesses within the development or on adjacent properties.
(6)
The applicant for any such areas shall be required to demonstrate
that such areas will not be prominently visible from nearby residential
areas and will not be a distraction to passing travelers or prominently
visible from any public street.
E.
Research laboratories permitted by this article shall comply with
the following requirements:
(1)
No manufactured or commercial explosives shall be kept, maintained
or stored on said premises, except in small quantities for laboratory
research, design or experimental use, and then only in compliance
with all applicable federal, state and local safety statutes.
(2)
No animal shall be kept or maintained for laboratory research,
design or experimental work unless a written permit is first obtained
from the Board of Health.
F.
Parking decks. Notwithstanding any other provision of this chapter,
parking decks shall comply with the following requirements:
(1)
No parking deck shall be located in a front yard.
(2)
No parking deck shall exceed a height of 33 feet.
(3)
Parking decks shall comply with the required setback provisions
for principal buildings.
(4)
The floor area of any parking deck shall be excluded from the
floor area or leasable area calculations for purposes of complying
with the maximum floor area ratio and parking requirements.
G.
Drive-in restaurants. Drive-in restaurants, where permitted, shall
be subject to the following regulations, in addition to all other
applicable regulations in this article:
[Added 10-11-2018 by Ord.
No. 28-2018]
(1)
No drive-in restaurant shall have direct driveway access to
any public street; driveway access to drive-in restaurants shall only
be from driveways that are internal to the designed shopping center
development.
(2)
Drive-in restaurants shall be subject to the same sign regulations
as other retail uses in the district.
