[Added 7-11-2006 by Ord. No. 1305]
[Amended 5-20-2014 by Ord. No. 1481]
The intent and purpose of the Central Business District 10 (CBD-10)
and Central Business District 15 (CBD-15) is to:
B.
Recognizing the fact that a majority of the lots within the Central
Business District are small, allow for mixed-use development of single
lots within the district that will utilize the land more efficiently
by promoting shared parking and circulation.
C.
Encourage a comprehensive design that can be completed in phases
but when completed creates a strong sense of place and a unified streetscape
design.
D.
Establish regulations that promote the revitalization of the district,
create a desirable visual environment and reestablishes a safe and
efficient circulation design for vehicular and pedestrian traffic.
E.
Ensure that all developments are planned on the basis of an integrated,
comprehensive design with respect to the location and relationship
of buildings, parking, landscape and buffer amenities, architectural
elements, walkways, and pedestrian and vehicular traffic movement.
F.
Establish standards and requirements that are applicable to any project
requiring subdivision approval, site plan approval, or zoning permit
approval within the CBD District as defined on the Borough of Emerson
Zoning Map.
G.
Affirm the goals and objectives set forth in Section 3.0 of the Redevelopment
Plan.
A.
Principal uses.
[Amended 12-20-2016 by Ord. No. 1535]
(1)
Retail stores.
(2)
Personal service businesses.
(3)
Eating and drinking establishments (except drive-ins).
(4)
Professional, financial and medical offices.
(5)
Multifamily residential dwellings above at-grade, retail, commercial
and other principal permitted uses.
(6)
Multifamily residential dwellings including buildings above at-grade
parking, only in areas where the building is behind a building that
fronts on Kinderkamack Road.
(7)
Multifamily residential dwellings at grade only where they front
on Lincoln Boulevard and only in areas where the building is behind
a building that fronts on Kinderkamack Road.
(8)
Instructional studios spaces, including dance, artist, martial arts,
music and other related studios.
(9)
Financial institutions.
(10)
Child-care facilities and nursery schools.
B.
Accessory uses.
(4)
Landscaped plazas, courtyards, alleys and other similar
public amenities designed in accordance with the area and bulk regulations
set forth for the CBD districts.
(5)
Signs in accordance with § 290-70A(5) of the article.
(6)
Uses that are customarily and normally incidental
to the permitted uses.
C.
Prohibited uses.
(1)
Any use or structure other than those uses or structures permitted in Subsection A or B above are prohibited. In addition, and notwithstanding the above, the following uses shall be specifically prohibited:
(a)
Automotive service stations, auto body and repair
shops.
(b)
Car washes of any type.
(c)
Drive-up or -through windows serving restaurants.
(d)
Automotive and motorcycle sales and service
businesses.
(e)
Contractor supply and storage yards.
(f)
Industrial, warehousing, and manufacturing use.
(g)
Exterior storage of goods.
(2)
Any deviations from the standards provided herein
that result in a "D" variance pursuant to N.J.S.A. 40:55D-70d shall
be addressed as an amendment to the Redevelopment Plan rather than
via variance relief through the Borough Land Use Board. "C" variance
relief pursuant to N.J.S.A. 40:55D-70c may be addressed by the Land
Use Board through the development application process. All development
must be approved by the Borough Land Use Board and shall be submitted
through the normal site plan and subdivision procedures as identified
by N.J.S.A. 40:55D et seq., and the Borough Land Development Regulations.[1]
[Amended 5-20-2014 by Ord. No. 1481; 12-20-2016 by Ord. No. 1535]
The following bulk and lot regulations shall
apply to all uses permitted within the CBD Zone District:
|
Table A: Area and Bulk Requirements for
CBD-10 and CBD-15
| |||
|---|---|---|---|
|
Regulation
|
CBD-10
|
CBD-15
| |
|
Minimum lot area (square feet)
|
10,000 (a)
|
15,000 (a)
| |
|
Minimum lot width (feet)
|
75
|
120
| |
|
Minimum lot depth (feet)
|
601
|
751
| |
|
Minimum front yard (feet):
| |||
|
Kinderkamack Road
|
172, 4
|
503
| |
|
Other streets
|
0
|
N/A
| |
|
Maximum front yard (feet):
| |||
|
Kinderkamack Road
|
252
|
503
| |
|
Other streets
|
15
|
N/A
| |
|
Minimum side yard: one/both (feet)
|
0/0
|
10/201
| |
|
Minimum rear yard (feet)
|
0
|
10
| |
|
Maximum building height (stories)
|
4
|
3
| |
|
Maximum building height (feet):
| |||
|
Along public streets
|
425
|
405
| |
|
Along the railroad ROW
|
505
|
405
| |
|
Maximum building coverage (%)
|
85%
|
85%
| |
|
Maximum impervious coverage (%)
|
95%
|
90%
| |
|
NOTES:
|
|---|
|
1 Corner parcels
with rights-of-way located on three sides may reduce the required
depth by 55% and reduced side yards of five feet for each yard.
|
|
2 In accordance with the streetscape requirements set forth in § 290-70B(1) of the article.
|
|
3 In accordance with the streetscape requirements set forth in § 290-70B(2) of the article.
|
|
4 Measured to the
curbline.
|
|
5 Additional height is permitted in accordance with § 290-70A(3) and shall only be permitted on development parcels which are two acres or greater. Further, the fifty-foot building height will only be permitted set back from the front building façade by a minimum of five feet in depth on buildings facing Lincoln Boulevard and Kinderkamack Road.
|
|
(a) Provided that, where an entire block is
to be redeveloped pursuant to the Redevelopment Plan, the minimum
lot area shall coincide with the block as depicted on that map.
|
A.
Architectural guidelines.
(1)
Facade design.
(a)
Horizontal articulation between floors. Each
facade should be designed to have a delineated floor line between
street level and upper floors. This delineation can be in the form
of a masonry belt course, a concrete lintel or a cornice line delineated
by wood detailing.
(b)
Vertical articulation. Each building facade
facing a public right-of-way must have elements of vertical articulation
comprised of columns, piers, recessed windows or entry designs, overhangs,
ornamental projection of the molding, or recessed portions of the
main surface of the wall itself. The vertical articulations shall
be designed in accordance with the following:
[1]
Each vertical articulation must be a maximum
of 30 feet apart.
[2]
Each vertical articulation must be a minimum
of one-foot deep.
[3]
Each projection, excluding projections of the
main wall surface that are not designed as overhangs, may extend into
the required front yard a maximum of two feet in depth.
[4]
Each projection of the main wall surface that
is not designed as an overhang may extend into the required front
yard a maximum of one foot.
[5]
The total length of the building facade projections, identified in § 290-70A(1)(a) and 290-70A(1)(b) above, may not exceed 60% of the total facade length.
(c)
Fenestration.
[1]
At least 30% of the first floor primary building
frontage used for retail or office shall be clear window glass permitting
a view of the building's interior. This percentage shall be calculated
within the area of the building facade that is located between three
feet and 10 feet above sidewalk level.
[2]
Doors and windows in retail and office uses
should cover a minimum of 40% of the building frontage on the street
level.
[3]
A minimum of 40% of the front door in retail
and office uses shall consist of glass in order to maximize the visibility
of the store interior.
[4]
Recessed entries are encouraged to create additional
pedestrian environs, provide shelter for sidewalk patrons and enlarged
windows in the district.
(2)
Materials. Exterior building materials shall be classified
as either primary, secondary or accent materials. The facade must
be designed in accordance with the following:
(3)
Rooflines/building height.
[Amended 12-20-2016 by Ord. No. 1535]
(a)
The top of all buildings must be capped by a cornice or sloping
roof element other than structures utilized for parking.
(b)
An additional five feet in height for ornamentation, such as
parapets and cornices, is permitted. This additional height is only
permitted along a maximum of 66% of the facade to encourage a varying
roofline.
(c)
In addition to Subsection A(3)(b) above, for each portion of a building that provides cornices and similar appurtenances for ornamental purposes, such elements may not be more than 25 feet in length each.
(d)
All roof-mounted equipment shall be screened from public view
by use of parapet walls.
(e)
All lighting proposed on all buildings shall be designed to
minimize any impact to the surrounding area. The lighting design should
be consistent with the streetscape standards of the district and complimentary
to the structure design.
(f)
In the CBD-W zone district, 50% of a building may be four stories
in height where the topography of land provides a minimum of an eight-foot
change in elevation.
(g)
Irrespective of other height restrictions, buildings in the
area south of Ackerman Avenue may be developed with a maximum three
residential stories above at-grade parking or above at-grade commercial,
with a maximum height of 50 feet.
(4)
Awnings and canopies.
(a)
Canopies and awnings are encouraged at the ground
floor level.
(b)
In buildings with multiple storefronts, all
awnings or canopies shall be designed of compatible materials.
(c)
Awnings and cornices shall be designed with
a minimum vertical clearance of seven feet and shall not extend more
than five feet from the face of the building.
(d)
A maximum number of four colors, inclusive of
black and white, are permitted.
(e)
The lettering on the canopy shall be limited
to the name of the occupant only, which shall be included in determining
the color and other sign calculations. The lettering shall have a
maximum letter size of nine inches and occupy a maximum of 70% of
the valance area.
(f)
No awning shall be erected or maintained so
as to obstruct access to any fire escape, window or door.
(g)
Awnings and canopies are permitted to encroach
within the front yard setback.
(5)
Signage.
(a)
Roof signs are prohibited in the district.
(b)
For multitenanted buildings, the signs shall
be designed with uniform area and height.
(c)
Except as required above, all signage shall meet the regulations of §§ 290-24 through 290-24.5 of this chapter. Any proposed sign that does not meet the requirements set forth by this chapter shall require variance relief. In the event that these standards conflict with existing standards set forth in §§ 290-24 through 290-24.5 of this chapter, this section of design standards supersedes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Streetscape design requirements.
[Amended 5-20-2014 by Ord. No. 1481]
(1)
All parcels along Kinderkamack Road that are located in the CBD-10
Zone District must comply with the following requirements.
(a)
Buildings set back between 10 feet and 12 feet from the curbline
shall have a minimum sidewalk width of five feet and a landscape planter
with a minimum width of five feet.
(b)
Buildings set back between 12 feet and 20 feet from the curbline
shall have a minimum sidewalk width of 12 feet inclusive of a four-foot-minimum
landscaped planter separating two four-foot-wide sidewalks, one of
which is adjacent to the building and the other adjacent to the curb.
(c)
Landscaped planters must be at least 200 square feet in area.
(d)
A combination of perennials, ground cover and shrubs and similar
material is required in proposed planters.
(e)
Streetscape amenities such as benches shall be incorporated
as part of the planter design.
(2)
All parcels along Kinderkamack Road that are located in the CBD-15
Zone District must comply with the following requirements.
(3)
Street trees shall be provided along all public rights-of-way in
accordance with the following standards:
(a)
Street trees should be located at a distance of 40 feet on center.
The exact spacing and planting location shall be evaluated on a site-specific
basis and adjusted to reflect the location of buildings to minimize
potential obstruction and visibility impacts on wall business signage.
(b)
Trees shall have a minimum caliper size of three inches at time
of planting.
C.
Pedestrian circulation design: outdoor cafes and plazas.
(1)
Outdoor cafes.
(a)
Outdoor cafe shall be located on sidewalks,
plazas, and courtyards immediately adjacent to any eating and food
establishment. Such facilities shall be provided in a manner that
pedestrian circulation or access to store entrances is not impaired.
(b)
A minimum of six feet of unobstructed sidewalk
area must be available for pedestrian circulation.
(c)
No outdoor loudspeaker, radio, or similar device
shall be utilized.
(d)
The area occupied by the cafe must be separated
from the public walkway by a structure such as planters, posts, ropes
and/or other removable enclosures.
(e)
Outdoor establishments shall not be entitled
to additional signage.
(f)
No tables, chairs, or other equipment shall
be attached, chained, or in any manner affixed to any tree, post,
sign, curb or sidewalk.
(g)
All outdoor equipment must be removed from the
sidewalk at the end of each business day, except where it does not
block a public sidewalk.
[Amended 5-4-2010 by Ord. No. 1394]
(h)
The applicant shall be responsible for keeping
the area of the outdoor cafe and the adjacent walks and streets free
and clear of any debris or litter.
(i)
No outdoor cafe shall be open for business prior
to 7:30 a.m. nor remain open for business after 11:00 p.m. All persons
occupying the outdoor cafe shall vacate the same no later than 11:30
p.m.
(j)
Outdoor cafes shall be permitted to operate
from April 1 to November 30 in any calendar year. The permit, when
issued, shall be valid for one season.
 |
(2)
Pedestrian walkways and plazas.
(a)
Where redevelopment, lot consolidation or other means of land assemblage occurs within the Central Business District, alleyways must be incorporated into the site plan and designed in accordance with Subsection C(2)(c) below.
(b)
Where the redevelopment of a site includes more than 300 feet in frontage on Kinderkamack Road, an alleyway designed in accordance with the Subsection C(2)(c) shall be provided.
(c)
When the development only includes a single
tax lot, and provides a mid-block alleyway that conforms to the design
standards detailed below, the parking requirement shall be reduced
by 10%.
[1]
The alleyway must extend from the parking area
to the front sidewalk along Kinderkamack Road.
[2]
The design should include features such as decorative lampposts or lighting bollards that comply with the lighting standards set forth in § 290-70E of this section.
[3]
Pedestrian alleyways shall be minimally 12 feet
in width.
[4]
Low-lying vegetation designed in accordance
with the detail below shall be provided along the walkway.
[5]
The walkway surface should be compatible in
style, materials, colors and details with other site improvements
and or the public sidewalks. Brick pavers, textured or stamped sidewalk
are encouraged.
(d)
Plazas or courtyards adjacent to parking lots
shall utilize decorative, landscaped and effective protective devices
to prevent injury from vehicles that inadvertently enter into the
pedestrian area.
D.
Landscaping requirements.
(1)
General.
(a)
A landscape design plan shall be required for
each site. Each design shall incorporate three or more of the following:
trees, shrubs, hedges, ground covers and/or grasses as part of the
overall landscape plan.
(b)
Automatic irrigations systems are mandatory
components of said plan.
(c)
Perennial and annual flower beds shall be incorporated
into the plan.
(2)
Parking area landscaping.
(a)
Parking areas with less than 10 spaces shall be screened from the street with landscaping but no interior parking lot landscaping is required. The street screening shall comply with the general requirements in Subsection D(1) above.
(b)
Parking areas with 10 or greater parking spaces
shall be screened from the street with landscaping, and interior lot
landscaping, shall be required in accordance with the following:
[1]
Each parking row shall include a curbed landscaped
island with at least one shade tree and shrub plantings.
[2]
A minimum of one shrub for every two parking
spaces shall be planted along the perimeter of the parking spaces.
[3]
One shade tree shall be provided for every 10
parking spaces.
[4]
Street trees shall be provided along all rights-of-way
at a distance of 40 feet on center.
(3)
Recommended plant material:
|
Shade Trees
| |
|---|---|
|
Botanical Name
|
Common Name
|
|
Acer Rubrum 'Var'
|
Red Maple Varieties
|
|
Carpinus betulus
|
European Hornbeam
|
|
Fraxinus pennsylvanica 'lanceolata'
|
Green Ash (seedless)
|
|
Gleditsia triacanthos 'inermis'
|
Thornless Honeylocust
|
|
Koelreuteria paniculata
|
Golden Rain Tree
|
|
Platanus x acerifolia
|
London Plane
|
|
Quercus rubra variety
|
Red Oak
|
|
Sophora japonica 'Regent'
|
Regent Scholartree
|
|
Tilia cordata 'Greenspire'
|
Greenspire Littleleaf Linden
|
|
Zelkova serrata'Green Vase', Village Green'
|
Green Vase Japanese Zelkova
|
|
Ornamental Trees
| |
|---|---|
|
Botanical Name
|
Common Name
|
|
Acer ginnala 'Flame'
|
Amur Maple
|
|
Acer griseum
|
Paperbark Maple
|
|
Amelanchier x grandiflora 'Autumn Brilliance'
|
Serviceberry
|
|
Cercis Canadensis
|
Eastern Redbud
|
|
Cornus kousa 'Chinensis'
|
Chinese Kousa Dogwood
|
|
Malus 'Var'
|
Crab Apple Varieties
|
|
Prunus 'Newport'
|
Newport Plum
|
|
Prunus serrulata 'Amanogawa'
|
Amanogawa Cherry
|
|
Prunus x yedoensis
|
Yoshino Cherry
|
|
Pyrus calleryana 'Aristocrat', 'Chanticleer',
'Whitehouse'
|
Pear Varieties
|
|
Shrubs and Ground Covers
| |
|---|---|
|
Botanical Name
|
Common Name
|
|
Abelia sp.
|
Glossy Abelia
|
|
Clethra.
|
Summersweet
|
|
Cotoneaster
|
Cotoneaster
|
|
FothergillaForsythea sp.
|
Fothergilla
|
|
Juniperous 'Var'
|
Juniper Varieties
|
|
Ilex Crenata
|
Japanese Holly
|
|
Ilex Glabra
|
Inkberry Holly
|
|
Pinus Mugo
|
Mugho Pine
|
|
Potentilla Fruticosa
|
Dwarf Potentila
|
|
Prunus Laurocerasus
|
Cherry Laurel
|
|
Spirea sp.
|
Spirea
|
|
Syringa
|
Lilac
|
|
Taxus sp.
|
Yew
|
|
Thuja occidentalis Emerald Sentinel 'Spiralis'
|
Spiralis Eastern Arbovitae
|
E.
Lighting.
(1)
General site lighting requirements.
(a)
The Borough standard lighting fixture shall
be utilized in all pedestrian areas such as walkways and plazas. In
addition, this fixture shall be utilized along the Kinderkamack Road
right-of-way.
(b)
All outdoor lights shall be decorative fixtures
not exceeding 12 feet in height.
(c)
The maximum lighting intensity (footcandle)
at any point on the subject property line shall not exceed 0.5 footcandle.
(d)
All lights shall utilize color-corrected lamps.
The use of high-pressure sodium lights, fluorescent, or mercury vapor
lighting is prohibited. Use of minimum wattage metal halide is encouraged.
(e)
Maximum permitted wattage of fixtures is limited
to 250 watts.
(2)
Lighting standards.
(a)
The required lighting levels (in footcandles)
for properties in the district shall be as determined in the table
below:
|
Table B
| |||
|---|---|---|---|
|
Requirement
|
Minimum Footcandles
|
Average Footcandles
|
Uniformity Ratio
|
|
Parking areas
|
0.5
|
1.0
|
4:1
|
|
Pedestrian areas
|
1.0
|
1.5
|
4:1
|
|
Access driveways
|
1.0
|
2.0
| |
(3)
Storefront and facade lighting.
A.
Number of parking spaces. The minimum number of off-street
parking spaces required shall be as shown in Table C:
[Amended 12-20-2016 by Ord. No. 1535]
|
Table C
| ||
|---|---|---|
|
Land Use
|
Requirement
| |
|
Retail stores and shops
|
1 space per 250 square feet of gross floor area
| |
|
Banks
|
1 space per 500 square feet of gross floor area
| |
|
Business and professional offices
|
1 space per 350 square feet of gross floor area
| |
|
Medical and dental clinics or offices
|
2.5 spaces per each examining room or dental
chair or like, plus 1 space for each employee
| |
|
Restaurants
|
1 space for each 3 seats
| |
|
Residence in mixed-use buildings
| ||
|
1 Bedroom
|
1.8 spaces per unit
| |
|
2 Bedroom
|
2.0 spaces per unit
| |
|
Personal service establishments
|
1 space per 300 square feet of gross floor area
| |
|
Dance, martial arts, and related studios
|
1 space per 500 square feet of gross floor area
| |
|
Galleries
|
1 space per 500 square feet of gross floor area
| |
|
Child-care centers and nursery schools
|
1 space per employee plus 1 space for every
10 children
| |
|
NOTES:
| |
|---|---|
|
(a)
|
If a project contains retail on the first floor with residential
above, the parking requirement may be reduced to a maximum of up to
25% to account for shared parking, subject to and conditioned upon:
i) the receipt of testimony provided by the applicant's traffic/parking
expert supporting such reduction: and, ii) the Land Use Board retaining
a traffic/parking consultant to support and confirm such determination,
which shall be paid for by the applicant. If a development is constructed
with the parking reduction then medical office space shall be a prohibited
use. For the purpose of this section, "medical office" shall include
walk-in and urgent-care clinics, other medical, dental, treatment
and therapy-related facilities.
|
B.
Parking area design.
(1)
Location. Front yard parking shall be prohibited.
Off-street parking spaces shall be limited to side and rear yards.
(2)
Setback. Parking spaces shall be set back minimally
five feet from side and rear lot lines, provided that all designs
must include a provision for drive connections between adjoining lots
for shared parking arrangements. Where parking abuts a single-family
residential zone, the minimum setback shall be 10 feet. A landscape
buffer shall be provided adjacent to the property line shared with
the single-family residential zone.
(3)
Dimension. Parking stalls shall be nine by 18 feet
in dimension.
(4)
Loading and unloading facilities shall not take place
in the public right-of-way.
(5)
All such parking lots, driveways and loading areas
shall be hard-surfaced with asphalt or concrete pavement or brick
pavers as approved by the Borough Engineer.
(6)
Parking area landscaping details. See § 290-70D(2).
(7)
Shared parking. Where there is a mixed-use facility
consisting of residential and nonresidential uses, an applicant shall
be permitted to reduce the amount of required parking by 25% from
standards that would otherwise apply to the individual properties.
(8)
Driveways and access aisles dimensions shall be designed in accordance with § 290-30B(2).
[Added 9-15-2020 by Ord.
No. 1617-20[1]]
The fee for a zoning review or permit shall be the sum of the
fees listed in the subsections below and shall be paid before the
permit is issued.
A.
Zoning
review fee (requires survey; a current survey depicts as exists):
$40.
B.
Patios:
$60 plus zoning review fee.
[1]
Editor's Note: This ordinance also superseded former Attachment
4 to this chapter, Zoning Fee Schedule, adopted 3-19-2019 by Ord.
No. 1587-19.
