[Amended 4-20-2023 by Ord. No. 04-23]
Purpose statement. The purpose of the Commercial Zone is to provide standards for the orderly development of commercial land uses on properties located along State Highway Route 23. The intent of this Commercial Zone is to permit a variety of commercial land uses which are appropriate for areas located along a state highway which are "highway commercial" in nature, meaning, they may be of a larger scale and intensity that provides for regional commercial needs while also serving the needs of the immediate community. The following regulations shall apply to the Commercial Zone:
A. Restaurants will not be permitted within 500 feet of a Residential Zone, nor shall the sale of ice cream, drinks or other refreshments for out-of-doors consumption by customers be made within 500 feet of a Residential Zone.
B. Auto sales and showrooms are not permitted.
C. The use of flammable base fluids in cleaning establishments is prohibited.
D. No building may have more than 40% of the floor area devoted to storage purposes incidental to its use, exclusive of basement floor areas.
E. Where business zones abut residence zones, proper screening, as determined by the Building Inspector, will be required.
F. Public garages. No public garage accommodating more than five cars, or a gasoline filling station, shall have an entrance within 200 feet measured in a straight line to a property line of a dwelling, public school, public library, church, theater or other public gathering place or park or playground.
G. Gasoline filling stations. Gasoline filling stations shall have their gasoline pumps, including other service facilities, set back at least 30 feet from any street line.
H. All business shall be carried on only in fireproof buildings and in such manner and with such precautions against fire and explosion hazards as shall conform to the Uniform Construction Code and Fire Prevention Code of the Borough of Kinnelon and all other applicable laws and regulations of the Borough of Kinnelon and the State of New Jersey.
I. Each business shall provide an adequate disposal system for its industrial wastes and sewage. Board of Health and Borough Engineer approvals are required.
J. Outdoor storage. Outdoor storage is permitted if the same is screened by planting or by screening at least six feet in height, as approved by the Building Inspector, so that the storage cannot be visible from any other site. Outdoor storage authorized by this subsection is permitted only in the rear yard and shall be subject to the same setback distances as are prescribed in Article
IV hereof. The storage of any material in the front yard is prohibited.
K. A building or premises may be used for any purpose as described in this section, but may not be used for the following:
(1) Residential use of any kind.
(2) Any other trade or use that is noxious or offensive by reason of the emission of odor, dust, smoke, gas or noise as is herein noted.
L. The applicant shall supply a development schedule indicating:
(1) Approximate date when construction can be expected to begin.
(2) Stages of construction and the approximate date when construction of each stage can be expected to begin.
(3) Anticipated rate of development.
(4) Approximate dates when the development of each of the stages will be completed.
(5) Area and location of open space that will be provided at each stage.
M. Billboards are permitted in the C - Commercial Zone and are subject to the following regulations:
(1) The terms used in this subsection are defined in §
207-4.
(2) Compliance with state laws for billboard signs.
(a) All billboard signs must be in compliance with the Roadway Signs Outdoor Advertising Act (N.J.S.A. 27:1A-5, 27:1A-6, 27:5-5 et seq.).
(b) No billboard sign shall be permitted unless specifically authorized by permit from the applicable agency of the State of New Jersey having jurisdiction over outdoor advertising signs, where said billboard signs shall be maintained within the State of New Jersey or any department thereof right-of-way, or any portion of limited access or unlimited access highways within the State of New Jersey. This prohibition shall not apply to signs, public notices, or markers erected or maintained by the Department of Transportation, the County of Morris or the Borough of Kinnelon.
(3) Billboard sign location restrictions.
(a) Billboard signs shall only be permitted in the C - Commercial Zone on properties with frontage along New Jersey State Highway Route 23 (hereinafter "NJSH Route 23") and commercially zoned and shall be constructed to confine their lines of sight to motorists traveling along NSJH Route 23, which area is identified within the map annexed hereto as Attachment 1 and shall be prohibited elsewhere within Kinnelon Borough.
(4) Billboard signs are considered principal uses and may be a second principal use on properties within the C - Commercial Zone.
(5) Any billboard sign to be erected under these regulations shall employ sideline blocking technology including but not limited to louver systems to limit visibility from residential zones and residences.
(6) Double-faced-type and v-type billboard signs shall be permitted only under the terms and conditions of this chapter.
(7) Billboard signs shall only be permitted as freestanding signs.
(8) No billboard signs shall be permitted that are painted on or attached to a building, railroad bridges, overhead bridges, or any other structure over any highway or overhanging the highway, and within the right-of-way of any highway.
(9) No billboard signs shall be affixed to motor vehicles, buildings, bridges, overpasses, or overhead structures. They shall be permanently affixed to a base, post(s), pole(s) or other bracing or supporting device(s), comparable to a freestanding sign.
(10) No billboard sign shall be painted, drawn, erected, or maintained upon trees, or other natural features, or public utility poles.
(11) No billboard sign shall be located within 500 feet of an interchange, intersection at grade, or safety rest area. This restriction prohibits any sign on either side of the highway that would be visible to a main-traveled way where it would be within 500 feet of the beginning or ending of pavement widening, within 500 feet of the point of gore, or any point between those features where the pavement is widened. This distance shall be measured along the pavement edge of the highway nearest those points. If an interchange lacks a point of pavement widening, a sign shall not be located in that direction within 1,000 feet of the point of gore.
(12) There shall be a minimum setback for the billboard sign from the lot line nearest to NJSH Route 23, which shall be not less than 10 feet as measured from the right-of-way line. The minimum side yard setback shall be a minimum of 20 feet per side yard.
(13) No billboard signs shall interfere with the ability of an operator of a motor vehicle to have a clear and unobstructed view of streets or highways ahead, approaching, merging or intersecting traffic, or official signs, signals or traffic control devices.
(14) No billboard sign shall interfere with or contain advertisements that resemble any official traffic sign, signal or device.
(15) No billboard sign shall be of a type, size, or character or placed at a location that will endanger or potentially injure public safety or health, or pose a physical threat to property in the vicinity.
(16) No advertisements shall be permitted on any billboard sign that are deemed to be in violation of federal, state, or local law, offensive to the moral standards of the community, false, misleading or deceptive, or in any way reflect upon the character, integrity or good standing of any organization or individual.
(17) No billboard sign shall be permitted which has any animated or moving parts or has reflectorized materials which may impair the vision of a motorist.
(18) Billboard dimensional requirements.
(a) The billboard sign display area shall be the entire area of a sign that is within a single perimeter composed of squares or rectangles that enclose the extreme limits of the advertising message, announcement, demonstration, display, illustration, insignia, surface, or space of a similar nature, together with any frame or other material, color, or condition that forms an integral part of the display and is used to differentiate the sign from the wall or background against which it is placed, excluding the necessary supports or uprights on which the sign is placed. On no billboard sign shall the display area be less than 50% of the surface area of the billboard sign.
(b) The sign area of any billboard sign face shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration, display or background. Where there is no geometric frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign. This shall not be construed to include the supporting members of any sign which are used solely for such purpose.
(c) No billboard sign may exceed the maximum height of 40 feet from the ground level to the highest point of the sign.
(d) The billboard sign display area shall be rectangular-shaped and not exceed 11 feet by 36 feet for each display area.
(e) The billboard sign display area shall not exceed 396 square feet for each billboard sign display area. All dimensions include border, trim, cutouts, and extensions but exclude decorative bases, decorative trim and supports.
(19) Billboard lighting requirements.
(a) A lighting plan prepared by a qualified individual shall be provided with site plan applications.
(b) Lighting of billboard signs is permitted from dusk to dawn for static message billboard signs and 24 hours per day for multiple message billboard signs.
(c) The light intensity at ground level shall average 0.5 footcandle; however, variations are permitted depending upon the intensity of the use. The light intensity shall not exceed 0.3 footcandle along any property line and shall be so arranged and shielded to reflect the light away from adjoining streets or properties.
(d) The lighting plan shall indicate the proposed light intensity (including existing fixtures to remain) at ground level where 0.5 footcandle occurs. Manufacturer's lighting detail and specifications including footcandle distributions shall be provided. All lights shall be concealed-source nonglare lighting and shall be installed only to reasonably illuminate the subject billboard sign face(s) from dusk to 12:00 midnight. The minimum footcandle in the areas used by the public shall be 0.5; the maximum footcandle 1.0.
(e) No perimeter, strobing, or other attracting type of lighting may be operated in conjunction with a billboard sign.
(f) Technology to limit glare and light pollution shall be employed for all multiple message billboards including, but not limited to, automatic dimming technology and honeycomb technology.
(g) No billboard sign shall be of such intensity or brilliance to cause glare, or be otherwise operated in a manner that impairs the safe operation of a motor vehicle. Illumination of billboard signs shall be shielded, so as to prevent light from being directed at any portion of the main-traveled way of any highways. All such lighting shall also be subject to any other provision relating to lighting of signs applicable to highways under the jurisdiction of the State of New Jersey.
(20) Billboard landscaping.
(a) Billboard signs shall be suitably landscaped to improve the environment of the site and surrounding area.
(b) Plant types which shall be installed shall be a mixture of hardy evergreen and other deciduous canopy and understory trees and shrubs, which shall be indigenous to the area. A conscious effort shall be made to preserve and incorporate the existing vegetation on site, wherever possible. The support for the billboard sign shall be screened with evergreen and deciduous shrubs and trees.
(c) All plant material installed as part of a billboard sign planting screening shall be guaranteed for a period of two years.
(d) To the extent possible any landscaping should be used to buffer the billboard sign from areas away from NJSH Route 23.
(21) Multiple message billboard sign standards.
(a) The minimum spacing between multiple message billboard signs on the same side of NJSH Route 23 shall be 3,000 feet being measured along the nearest edge of the pavement between points directly opposite the side of the sign faced nearest to the center line of the right-of-way of NJSH Route 23 where the sign shall be erected, and shall apply only to sign faces on the same side of NJSH Route 23 in the C - Commercial Zone and visible in the same travel direction.
(b) Notwithstanding the above, the minimum distance between static message billboard signs and multiple message billboard signs on the same side of NJSH Route 23 shall be 1,000 feet.
(c) Multiple message billboard signs shall not be placed within 800 feet, as measured along the edge of the pavement, of an official permanent variable electronic traffic sign, which is capable of displaying any message allowed by the Manual on Uniform Traffic Control Devices (MUTCD).
(d) Each face of a multiple message billboard sign shall be permitted a three-foot decorative apron at the bottom of the sign face to include the name of the billboard operator, and such decorative apron shall not be considered when calculating sign face area.
(e) No more than one billboard sign shall be permitted on any lot. For the purposes of this section, only single-sided, double-faced or V-type billboard signs with a single display per face shall be permitted.
(f) The Borough of Kinnelon shall have access to the multiple message billboard sign(s) for emergency messaging and/or community information displays at one message per cycle.
(g) Multiple message billboard signs shall contain a default design that will freeze the sign in one position if a malfunction occurs.
(h) The dwell time for each message on a multiple message billboard sign shall not be less than eight seconds per N.J.A.C. 16:41C-11.1(a)3.
(i) The change from one display to the next shall be completely accomplished within one second or less and the entire display shall change at the same time.
(j) No multiple message billboard sign shall be operated so that the meaning of one display is continued on the next display.
(k) No regulations in this subsection or portions thereof are intended to be less restrictive than state or federal regulations.
(22) Static message billboard sign standards.
(a) The minimum distance (spacing) between static message billboard signs on the same side of NJSH Route 23 shall be 1,000 feet being measured along the nearest edge of the pavement between points directly opposite the side of the sign faced nearest to the center line of the right-of-way of Route 23 where the sign shall be erected, and shall apply only to sign faces on the same side of NJSH Route 23 in the C - Commercial Zone and visible in the same travel direction.
(b) Notwithstanding the above, the minimum distance between static message billboard signs and multiple message billboard signs on the same side of NJSH Route 23 shall be 1,000 feet.
(c) Each face of a static message billboard sign shall be permitted a three-foot decorative apron at the bottom of the sign face to include the name of the billboard operator, and such decorative apron shall not be considered when calculating sign face area.
(d) No more than one billboard sign shall be permitted on any lot. For the purposes of this section, double-faced billboards visible from opposite directions but built on a common frame shall be considered one billboard sign.
(e) Only single-sided and back-to-back or V-type billboard signs with a single display per face shall be permitted.
(f) A static message billboard sign may be multicolored and illumination shall be installed only to reasonably illuminate the subject billboard sign from dusk to 12:00 midnight. No perimeter, strobing or other attracting type of lighting may be operated in conjunction with a billboard sign.
(g) No static message billboard sign shall be permitted which, because of its size, shape and/or location, may obscure or obstruct the view of vehicular traffic.
(h) No regulations in this section or portions thereof are intended to be less restrictive than state or federal regulations.
(23) Approval and review procedures for billboard signs.
(a) Billboard sign applications shall follow the preliminary site plan application process pursuant to Article
XII, §
176-28, of the Borough of Kinnelon Code.