A.
Recognizing that certain uses, activities and structures
are necessary to serve the needs and conveniences of the Borough,
and at the same time recognizing that such uses may be or become inimical
to the public health, safety and general welfare if located and operated
without proper consideration being given to existing conditions and
character of the surrounding area, such uses are hereby designated
as conditional uses.
B.
In addition to the specific requirements for particular
uses as listed in subsequent sections of this article, the Planning
Board in its review shall also be guided by the following:
(1)
The use for which application is being made is specifically authorized as a conditional use in Article VIII for the zone in which located.
(2)
The design, arrangement and nature of the particular
use is such that the public health, safety and welfare will be protected
and reasonable consideration is afforded to the:
(a)
Character of the neighborhood and zone.
(b)
Conservation of property values.
(c)
Health and safety of residents or workers in
the area.
(d)
Potential congestion of vehicular traffic or
creation of undue hazard.
(e)
Principles and objectives of this chapter, the
Borough Master Plan and related plans, such as the Northwest Quadrant
Design Plan.
C.
In accordance with N.J.S.A. 40:55D-67, the Planning
Board shall have the authority to approve or deny conditional uses
under the requirements and standards established by this chapter.
D.
Applications for conditional uses shall be approved
or denied by the Planning Board within 95 days of submission of a
complete application to the Secretary of the Planning Board or within
such further time as may be consented to in writing by an applicant.
E.
Applications for conditional uses shall include the information required for preliminary approval in Chapter 163, Site Plan Review, and any additional information as is necessary to show compliance with this chapter.
F.
Approval of the application may be made subject to
conditions or information to be supplied or confirmed at a later time.
Where County review is required, the Planning Board shall condition
any approval it grants upon the timely receipt of a favorable report
by the County Planning Board.
G.
In addition, such conditional uses shall adhere to
the minimum requirements specified for the applicable zone in the
Schedule of Area, Yard and Building Requirements[1] and/or to such additional requirements or modifications as provided under § 215-80.
[Amended 6-6-1983 by Ord. No. 355]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included as an attachment to this chapter.
[Amended 12-3-2007 by Ord. No. 2007-12]
Nongovernmental public utility uses, such as
water filtration plants, pumping stations, sewerage treatment facilities,
electric substations, telephone exchanges and repeater stations, but
no service or storage yards, shall be subject to the following:
A.
Proof is furnished that the proposed installation
in the specific location is necessary and convenient for the efficiency
of the public utility system or the satisfactory and convenient provision
of service to the neighborhood or area in which the facility is to
be located.
B.
The design of any building or structure required for
such use conforms to the general character of the area in which it
is located.
C.
Adequate and attractive fencing and landscaping will
be provided and periodically maintained.
D.
The lot on which it is located is sufficient in size
to adequately accommodate the proposed facility, together with any
parking space required to serve the facility, without any of the structural
portions of the use or parking facilities being unduly close to adjacent
properties.
[Added 8-9-2021 by Ord. No. 2021-9]
A.
A total of no more than two cannabis retailers and medical cannabis
dispensaries may be permitted to operate in the B-H Highway Business
and O-B Office Business Zoning Districts combined. At least one place
in one of the two zones must be reserved for a medical cannabis dispensary.
If no medical cannabis dispensary seeks to locate in one of the two
zones, the total combined number of cannabis retailers in the two
zones shall not exceed one, however distributed.
B.
Cannabis delivery services shall not be limited in number but shall
be permitted only in the B-H Highway Business, O-B Office Business
and MU-1 Mixed Use Zoning Districts.
C.
The floor area of a cannabis retailer or medical cannabis dispensary
shall not exceed 2,500 square feet.
D.
The cannabis retailer and medical cannibis dispensary (hereafter
referred to together as "licensed retail facility") shall comply with
the following restrictions and performance standards affecting the
location, manner and times of operation:
(1)
The operating hours of the licensed retail facility shall be between
9:00 a.m. and 8:00 p.m. daily. It shall be unlawful for any person
to sell or dispense cannabis or cannabis products in any licensed
retail facility at any time other than between these hours.
(2)
The licensed retail facility shall be accessible directly from a
right-of-way through a separate entrance independent from any other
retail ingress.
(3)
No cannabis product shall be visible from a public sidewalk, public
street or right-of-way or any other public place.
(4)
All cannabis products shall be stored securely indoors and on site.
(5)
Consumption of cannabis products, by any means of ingestion, shall
not be permitted in the licensed facility or adjacent grounds.
(6)
A licensed retail facility shall plan and implement odor control
measures, including carbon-filtered ventilation, sufficient to mitigate
cannabis-related odors emanating from the interior of the facility.
The ventilation system must be approved by the Borough Board of Health.
(7)
A licensed retail facility shall develop and implement security protocols
sufficient to secure the facility and its contents and protect the
safety of customers, employees and the public. These security protocols
shall be reviewed by the Pennington Borough Police Department, which
in its discretion may, after inspection of the location, recommend
or require additional safety and security measures.
(8)
At a minimum, the following security measures must be undertaken:
(a)
A video recording security system shall be employed covering
all areas of the facility and the exterior of the building with a
24/7 recording system that records for a minimum thirty-day archive.
(b)
The facility and adjacent right-of-way shall be monitored by
staff and kept free of loitering, litter and other debris, and the
sidewalks if applicable shall be swept and cleaned on a regular basis.
E.
A licensed cannabis delivery service shall comply with the following
restrictions and performance standards affecting the location, manner
and times of operation:
(1)
Time of operation shall be limited to such times as prescribed by
the Cannabis Regulatory Commission.
(2)
The cannabis delivery service shall comply with the restrictions
and standards provided above for licensed retail facilities to the
extent applicable to the operations and facilities of the delivery
service.
(3)
Cannabis items handled by or through a cannabis delivery service
shall be securely packaged and properly labeled and tracked in accordance
with regulations promulgated by the State Cannabis Regulatory Commission.
F.
Both licensed retail facilities and cannabis delivery services shall
comply with the following requirements:
(1)
The design of any building or structure required by the licensed
facility or service shall conform to the general character of the
area in which it is located.
(2)
The facility shall provide off-street parking adequate for the needs of its customers and employees, subject to the requirements for off-street parking facilities established by Article II, General Regulations. In determining the total parking space requirement, the Planning Board may be guided by expert testimony and the plan of operation for the facility.
(3)
Site access shall be located in order to direct primary traffic flow
to nonresidential areas.
G.
Approval of an application by a cannabis retailer, cannabis delivery service or medical cannabis dispensary for issuance or renewal of licensure or permitting shall require a resolution of Borough Council approving the application and informing the Cannabis Regulatory Commission that the applicant complies with Borough restrictions on the number of such businesses and the location, manner and times of operation. Such resolution shall also be a requirement of conditional use approval under this Article VIII.
[1]
Editor's Note: Former § 215-81,
Dwelling conversions, was repealed 9-11-2000 by Ord. No. 2000-6.
Schools, including institutions of higher learning,
which are not conducted as a business, shall be subject to the following:
A.
A minimum site area of five acres is provided. In
addition thereto, one acre shall be provided for each 100 pupils of
maximum capacity.
B.
The lot coverage does not exceed 40%.
[Amended 6-1-1992 by Ord. No. 514]
C.
No structure is located within 100 feet of a street
or property line.
D.
Off-street parking is provided at a rate of two spaces
for each classroom or teaching station.
Motor vehicle service establishments shall be
subject to the following:
A.
A minimum lot area of 15,000 square feet shall be
provided, together with a minimum lot width of 100 feet. In addition,
if the Planning Board finds that the nature of the particular use
proposed, either by virtue of scale, intensity of use, hazard or other
such considerations, is such that a larger site is in the public interest,
then it shall impose such additional requirement.
B.
Such lot shall be located within the following limitations:
D.
All fuel tanks or other such containers for the storage
of flammable materials, either liquid or solid, shall be installed
underground at sufficient depth to ensure against hazard of fire or
explosion.
E.
Parking facilities shall be maintained as follows:
(1)
Two square feet of space for each square foot of floor
area in the primary building.
(2)
Where such parking areas abut a residential zone,
they shall be screened by a buffer area not less than 10 feet in width
composed of densely planted evergreen shrubbery, solid fencing or
a combination of both which in the opinion of the Planning Board will
be adequate to prevent the transmission of headlight glare across
the zone boundary line. Such buffer screen shall have a minimum height
of four feet above finished grade at the highest point of the parking
lot. The materials used shall be in keeping with the character of
the adjacent residential area.
(3)
Driveways to parking areas shall be limited to two
for each 100 feet of frontage. Such driveways shall not be less than
24 feet in width. Driveways shall intersect public streets at right
angles, wherever possible.
(4)
No area on the lot which is required for the movement
of vehicles in and about the building and facilities shall be used
for complying with the parking requirements of this section.
F.
Accessory goods for sale may be displayed out of doors
on the pump island and building island only and shall be stored in
a suitable rack or container.
Swimming clubs and similar forms of recreation
groups, operated on a nonprofit membership basis shall be subject
to the following:
A.
Proof is furnished to the Planning Board that the
proposed use is a bona fide nonprofit organization solely for the
recreation and enjoyment of the membership.
B.
The lot area for the proposed use shall have a minimum
area of three acres and sufficient frontage to provide proper access.
C.
Lot coverage shall not exceed 30%.
[Amended 6-1-1992 by Ord. No. 514]
D.
No building or active recreation facility area shall
be located within 50 feet of a property line.
E.
The maximum membership limit of the organization shall
be fixed at the time of application and shall be commensurate with
the scale of facilities and the amount of land to be used. No further
expansion of membership shall take place without supplemental application
to the Planning Board.
F.
Off-street parking space shall be provided at a rate
of one space for each four memberships and shall comply with all other
general requirements of this chapter concerning parking areas.
Churches shall be subject to the following:
A.
The lot area shall not be less than three acres. In
all other respects the proposed use shall comply with the yard and
building requirements established by the Schedule of Area, Yard and
Building Regulations for the zone in which located.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Regulations is included at the end of this chapter.
Clubhouses shall be subject to the following:
A.
Proof is furnished the Planning Board that the proposed use is a bona fide nonprofit organization of the type defined in § 215-8 of this chapter.
B.
The lot area for the proposed use shall have a minimum total area of one acre, plus that required to accommodate the off-street parking, driveways and parking lot buffer areas specified in Subsection C below.
C.
Parking facilities shall be maintained as follows:
(1)
Off-street parking at the rate of one space for each
two memberships.
(2)
Such parking areas shall be screened by a buffer area
not less than 10 feet in width composed of densely planted evergreen
shrubbery, solid fencing or a combination of both which in the opinion
of the Planning Board will be adequate to prevent the transmission
of headlight glare across the property line. Such buffer screen shall
have a minimum height of four feet above finished grade at the highest
point of the parking area. The materials used shall be in keeping
with the character of the adjacent residential area.
(3)
Driveways shall be limited to two for each 100 required
parking spaces. Such driveways shall not be less than 12 nor more
than 24 feet in width and shall intersect public streets at right
angles wherever possible.
D.
The design of any building or structure shall conform
to the general character of the area in which it is located.
E.
Adequate and attractive landscaping will be provided
and properly and periodically maintained.
F.
One sign, which may be illuminated from within by
nonflashing light identifying the organization occupying the premises,
shall be situated not less than 10 feet from the street line, shall
not exceed four square feet in area on either of two sides and shall
not be illuminated after the hour of 12:00 midnight nor before 5:00
p.m.
G.
All other requirements of the zone in which the use
is located shall be met.
[Amended 12-3-2007 by Ord. No. 2007-12]
Motor vehicle sales establishments shall be
subject to the following:
A.
Buildings for motor vehicle establishments may, in
addition to sale and display areas for motor vehicles, contain administrative
offices, parts rooms and space for storage of motor vehicles for sale
and repair and service and repair facilities incidental to the business
of sale of motor vehicles.
B.
Front yards may be used only for landscaping, driveways
and customer parking.
C.
As an accessory use, side and rear yard areas not
devoted to required landscaping may be used for the storage of motor
vehicles, provided that no motor vehicle parts and no wrecked or demolished
vehicle shall be permitted to stand outside of the fully enclosed
principal building, and further provided that side and rear yard areas
used for the storage of motor vehicles shall be fully enclosed by
a stockade or other similar fence six feet high and of such density
as to shield such areas from public view.
D.
All areas over which motor vehicles may travel or stand shall comply with the requirements set forth in Article II, General Regulations.
E.
All vehicular repair, service and maintenance operations
shall be conducted entirely within a fully enclosed building.
F.
Off-street parking shall be provided in accordance
with the requirements for the zone in which located.
G.
Twenty percent of the lot shall be set aside and maintained
with landscaping. Such areas shall not be used for any other purpose.
H.
The proposed use shall comply with all requirements
of the Schedule of Area, Yard and Building Regulations for the zone
in which located.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Regulations is included at the end of this chapter.
I.
Driveways shall be limited to two for each 200 feet
of frontage on a public street. Such driveways shall be in accordance
with the standards specified in Figure 1.[2] Wherever practical, acceleration and deceleration lanes
shall be provided.
[2]
Editor's Note: Figure 1 is included at the end of this chapter.
Motels shall be subject to the following:
A.
The lot area proposed for the proposed use shall not
be less than 2,000 square feet for each rental unit provided or 60,000
square feet, whichever is greater.
B.
Parking shall be provided at the rate of not less than 1 1/4 spaces for each rental unit, plus one space for each employee of the premises. Where related or accessory uses are provided on the same site (in addition to rental units), the required parking shall be computed separately in accordance with the applicable standards established by § 215-72D.
C.
All other standards and regulations established for the B-H Highway Business Zone in § 215-72 governing parking areas, garages, signs, loading and unloading, driveways and buffering, and all area, yard and building regulations established by the Schedule of Area, Yard and Building Regulations for the B-H Highway Business Zone shall be complied with by the motel development unless specifically modified by this section.
[Amended 5-7-1984 by Ord. No. 374; 9-8-1987 by Ord. No.
445]
Home occupations shall be subject to the following:
A.
The use of the property for the home occupation shall
be clearly incidental and subordinate to its use for residential purposes
by its occupants, and not more than 20% of the total floor area of
the dwelling unit shall be used in the conduct of the home occupation,
except that in no case shall such use exceed 600 square feet.
B.
No person other than members of the household residing
on the premises shall be engaged in the home occupation.
C.
The residential character of the lot and building
shall not be changed; no occupational sounds shall be audible outside
the building, and no equipment shall be used which will cause interference
with any electrical equipment in neighboring residences.
D.
The home occupation use shall not require and shall
not generate visits by customers, clients or deliveries in excess
of a total of 10 visits per week.
E.
There shall be no exterior evidence of the home occupation other than one sign conforming to the requirements of Article III.
F.
The home occupation shall not necessitate the need
to park more than two vehicles at any time in addition to those ordinarily
used by the residents of the dwelling. Said vehicles shall be limited
to passenger automobiles and must be parked off street and must conform
to ordinance requirements.
H.
The conditional use approval shall terminate with
any change in ownership of the property.
Scientific or research laboratories shall be
subject to the following:
A.
Scientific or research laboratory uses shall be limited
to scientific investigation, engineering study, product development
and similar or related activities not involving the manufacturing,
sale, processing, warehousing, fabrication or distribution of material,
products or goods except as may be incidental to the scientific or
research laboratory use.
B.
The use shall not generate noise, radio activity,
vibration, glare, smoke, odor, air pollution or dust in amounts exceeding
that which might reasonably be expected to be generated by any permitted
primary use.
C.
No open or outside storage of any kind shall be permitted,
except that refuse for collection may be stored in suitably covered
containers screened from public view.
[Added 6-6-1983 by Ord. No. 355]
Health care facilities shall be subject to the
following:
B.
Minimum site area shall be 10 acres.
D.
A landscaped buffer area of at least 30 feet width
shall be provided within all minimum property line setback areas.
Such buffer area shall provide a completely planted visual barrier
(or provide equivalent existing natural growth) composed of evergreen
plants and trees and/or shrubs arranged to form both a low-level and
high-level visual screen.
E.
Loading space shall be provided as follows: one space
for the first 25,000 square feet of gross floor area, plus one additional
space for each additional 50,000 square feet or portion thereof.
G.
Conformance to the following performance standards
shall be required:
(1)
Site access shall be so located so as to direct primary
traffic flow to nonresidential areas.
(2)
Water use shall not exceed 1,000 gallons per day per
acre.
(3)
The use shall not generate noise, glare, smoke or
air pollution in amounts exceeding that which might reasonably be
expected to be generated by any primary permitted use.
[Added 6-1-1992 by Ord. No. 514; amended 11-4-1996 by Ord. No.
96-17; 12-3-2007 by Ord. No. 2007-12]
Continuing-care retirement facilities shall
be subject to the following:
A.
Minimum tract area shall be seven acres.
C.
A landscaped buffer of at least 20 feet in width shall
be provided within all property setback areas.
D.
Parking requirements. Sufficient off-street parking
shall be required to meet the needs of the residents, employees and
guests. In determining the total parking space requirements, the Planning
Board may be guided by expert testimony of the applicant and the following:
E.
Other requirements:
(1)
Number of units:
(a)
The maximum number of single-family independent
living units shall be 2.2 units per acre.
(b)
The maximum number of multifamily independent
living units shall be seven units per acre.
(c)
The maximum number of residential health care
(assisted living) units shall not exceed 100.
(d)
The maximum number of nursing beds shall not
exceed the total permitted number of independent living units and
residential health care units.
(e)
The Planning board may vary the above mix of
unit types; however, the maximum permitted floor area ratio shall
not exceed 0.35.
(2)
For facilities which extend into an adjacent development
parcel in Hopewell Township conditional use approval for the Borough
portion of the development shall be subject to a layout (traffic circulation,
building location, parking and open space areas) for the total project
acceptable to the Planning Board. Borough approval may be conditioned
on township approval of the township portion and on an acceptable
development schedule for the combined site areas. In such cases the
Borough-township line need not be considered for property line setback
purposes; however, all Borough standards shall be applied to the Borough
portion only.
(3)
No direct vehicular access, other than for emergency
purposes, shall be permitted to Knowles Street or to Route 31.
(4)
Formal site plan approval in accordance with Chapter 163, Site Plan Review. Site plan design shall locate the lowest density living units as transitional uses to adjacent off-tract residential areas.
(5)
Proof of any required licensing by the State of New
Jersey.
(6)
The applicant shall designate an appropriate percentage
of units, not to exceed 20% of total units, for occupancy as moderate-income
housing as defined at N.J.A.C. 5:93-1.3. This percentage shall be
based upon the current Borough affordable housing need as promulgated
by the New Jersey Council on Affordable Housing (COAH) and the unmet
prospective need units under that obligation. In lieu of the actual
construction of said moderate-income housing units, the applicant
shall pay to the Borough an affordable housing development fee in
accordance with the COAH regulations appearing at N.J.A.C. 5:93-8.1
et seq.[1]
[Added 6-1-1992 by Ord. No. 514]
Cluster developments shall be subject to the
following:
A.
Minimum tract area shall be six acres.
B.
Maximum density shall be three units per gross tract
acre.
D.
Common open space areas shall be retained by a homeowners'
association. No structures shall be permitted in the common open space
areas other than recreational uses designed for homeowner use only.
At least one contiguous common open space area shall have a minimum
of 40,000 square feet.
E.
Dwelling units shall have two-car garages. All structures
shall have front and rear yard setbacks of at least 15 feet and one
side yard setback of at least 10 feet. Front entry garages shall be
set back at least 25 feet from the street pavement edge.
F.
No direct vehicular access, other than for emergency
purposes, shall be permitted to New Jersey State Highway 31.
G.
The cluster plan shall include a landscaped buffer
area along any Route 31 frontage. The objective of such buffer area
shall be to help ameliorate potentially detrimental visual and noise
impacts of this roadway.
H.
Cluster site layout and open space area arrangements
shall be designed to preserve existing major tree stands and shall
otherwise be found acceptable to the Planning Board in accordance
with sound planning standards.
I.
Cluster roadways shall conform to Borough construction
standards and shall accommodate project need, as determined by the
Planning Board, but not to exceed existing design standards.
[Added 9-3-1996 by Ord. No. 96-13; amended 7-7-2008 by Ord. No.
2008-4]
Outdoor dining shall be subject to the following:
B.
The outdoor dining area may be located within a required
front yard area. Encroachment within a Borough right-of-way may be
permitted only with the revocable approval of Borough Council or its
designated representative, which must be obtained annually.
C.
The outdoor dining area shall meet the side and rear
yard setback requirements for the zone in which it is located. When
abutting the R-80, R-100, R-A and O-R Zones, the minimum yard requirements
for the abutted zones shall be met.
D.
The outdoor seating capacity of the facility shall
conform to off-street parking requirements.
E.
Site plan review and approval is required unless there
are no permanent physical changes to the site.
F.
The outdoor dining area shall be designed to preserve
circulation on the site and any affected Borough right-of-way while
also protecting the safety of patrons and pedestrians.
G.
The owner shall police the area to ensure that it
is clean and free of litter and complies with applicable noise standards.
H.
The owner of an approved outdoor dining area which
is located wholly or in part in the Borough right-of-way shall indemnify
and hold harmless the Borough of Pennington and its agents and employees
from and against all claims, damages, losses and expenses, including
but not limited to attorney fees, arising out of the operation of
the outdoor dining area. No such dining area shall be approved, or
once approved, permitted to operate, unless the owner has on file
with the Borough Clerk a current certificate of insurance which certifies
that:
(1)
The owner's obligation to indemnify and hold harmless
the Borough as provided herein is insured by an insurance carrier
authorized to do business in the State of New Jersey.
(2)
The Borough of Pennington is named as an additional
insured under this insurance with respect to claims, damages, losses
and expenses arising out of operation of the outdoor dining area.
(3)
The insurance in effect provides at least the following
types and amounts of incurred liability coverage:
(a)
General liability: $1,000,000 per occurrence;
(b)
Premises liability: $1,000,000 per occurrence;
(c)
Products and completed operations liability:
$1,000,000;
(d)
Personal and advertising injury: $1,000,000
per occurrence;
(e)
Property liability: $50,000 per occurrence;
(f)
Medical expense: $5,000 per person;
(g)
Workers' compensation: statutory limits;
(h)
Employers' liability: $500,000 per person/ per
occurrence.
(4)
The Borough shall be provided 10 days' written notice
of any cancellation of this insurance.
[Added 8-4-2003 by Ord. No. 2003-7]
Banks, including drive-in facilities, as conditional
uses in the O-B District, shall be subject to the following:
A.
The minimum lot size shall have at least 300 feet
of frontage on State Highway Route 31.
B.
Any principal building may contain more than one principal permitted use or permitted conditional use, provided that the total floor area ratio and total building and lot coverages of the combined uses do not exceed the maximums specified for the zoning district, that each use occupies a minimum gross floor area of 250 square feet, that the combined off-street parking requirements for all uses are met and that all other general requirements of the O-B District, as specified in § 215-73D of this chapter, are met.
C.
More than one principal building is permitted on a
lot, provided that the requirements of § 215-73D(7) and
(8) of this chapter, are met.
D.
Only one access drive to State Highway Route 31 shall
be permitted for each lot, and said access drive shall be limited
to right turning movements into and out of the site, except where
access to another street, either directly or through an adjacent nonresidential
property, is not available. Moreover, parking areas and driveways
shall be designed to be interconnected with adjacent properties in
any nonresidential zoning district and shall utilize common entrance(s)
and exit(s) to minimize access points to any street.
E.
Adequate and safe pedestrian access between uses or
separate buildings on the same lot or on adjacent lots shall be provided,
and the design of any site shall promote a nonvehicular, pedestrian-friendly
development, inclusive of bicycle racks, benches or other such amenities.
Sidewalks shall be provided along the State Highway Route 31 frontage
in addition to any sidewalks proposed in the Circulation and Sidewalk
Plan in the Borough's Master Plan.
F.
Banks shall provide parking at the ratio of one parking
space per 200 square feet of gross floor area or part thereof. Additionally,
drive-in banks shall provide room for a total of at least 12 automobiles
for queuing purposes in the lane(s) to drive-in windows and shall
provide a separate, unhampered bypass lane.
G.
All site lights and signage shall be turned off at
the close of business, except for a minimal amount of low-intensity
security lighting specifically approved by the Planning Board. Any
ATM to be provided for access after hours shall be appropriately located
on the site so that customers are not required to leave their vehicle
to use the ATM.
[Added 8-4-2003 by Ord. No. 2003-7]
Limited retail uses, as conditional uses in
the O-B District, shall be subject to the following:
A.
The minimum lot size shall have at least 300 feet
of frontage on State Highway Route 31.
B.
Permitted principal uses shall be limited to the following:
(1)
Full-service restaurants providing inside seating
and table service for patrons and not including any drive-in or fast-food
restaurant facilities.
(2)
Retail sales of goods customarily required by residential
households, including but not limited to dry goods, books, recreation
and sporting goods, flowers, drugs, pets, art supplies and products,
notions, jewelry, hardware and paint, furniture, hobby supplies and
other goods found by the Planning Board to be similar to those uses
explicitly permitted, provided that no sales of fresh, refrigerated
or prepared food products shall be permitted.
C.
Any principal building may contain more than one principal permitted use or permitted conditional use, provided that the total floor area ratio and total building and lot coverages of the combined uses do not exceed the maximums specified for the zoning district, that each use occupies a minimum gross floor area of 250 square feet, that the combined off-street parking requirements for all uses are met and that all other general requirements of the O-B District, as specified in § 215-73D of this chapter, are met.
D.
More than one principal building is permitted on a
lot, provided that the requirements of § 215-73D(7) and
(8) of this chapter are met.
E.
Only one access drive to State Highway Route 31 shall
be permitted for each lot, and said access drive shall be limited
to right turning movements into and out of the site, except where
access to another street, either directly or through an adjacent nonresidential
property, is not available. Moreover, parking areas and driveways
shall be designed to be interconnected with adjacent properties in
any nonresidential zoning district and shall utilize common entrance(s)
and exit(s) to minimize access points to any street.
F.
Adequate and safe pedestrian access between uses or
separate buildings on the same lot or on adjacent lots shall be provided,
and the design of any site shall promote a nonvehicular, pedestrian-friendly
development, inclusive of bicycle racks, benches or other such amenities.
Sidewalks shall be provided along the State Highway Route 31 frontage
in addition to any sidewalks proposed in the Circulation and Sidewalk
Plan in the Borough's Master Plan.
G.
Retail sales uses shall provide parking at the ratio
of one parking space per 200 square feet of gross floor area or part
thereof. Restaurants shall provide one parking space for every three
seats, plus one space for every employee. Where a permitted use of
land includes different specific activities with different specific
parking requirements, the total number of required parking spaces
shall be obtained by computing individually the parking requirements
for each different activity and adding the resulting numbers together.
H.
No retail sales use may operate after 11:00 p.m. at
night, and all site lights and signage shall be turned off at the
close of business, except for a minimal amount of low-intensity security
lighting specifically approved by the Planning Board.
