A.
No building, structure, area, lot or land shall be
used, in whole or in part, for other than one or more of the following
specified uses in the B-1 Business District:
(1)
All uses permitted under residential districts, Article IV, Restrictive Adjacent Residential Zone. Any lots used for residential purposes in this district shall be subject to all restrictions and limitations of the RA-2 District.
(2)
Shopping centers, supermarkets, department stores
and similar retail sales establishments, restaurants with a minimum
seating capacity of 50 people and housed within a permanent structure,
banks, post offices, business and professional offices, new automobile
salesrooms, public utilities, offices and showrooms and commercial
greenhouses. In the permitted retail sales establishments, merchandise
on the premises shall be carried primarily for sale at retail only.
[Amended 5-9-1990 by Ord. No. 5-1990]
(3)
Children's recreational facility, up to and including children no
older than 14 years.
[Added 10-18-2017 by Ord.
No. 26-2017]
A.
No building, structure, area, lot or land shall be
used, in whole or in part, for other than one or more of the following
specified uses in the B-2 Business District:
(2)
Retail stores, personal service establishments, including
but not limited to tailor shops, shoe shops and barbershops, beauty
parlors, retail dry-cleaning pickup and delivery shops, butcher shops,
radio and television repair shops, taverns, tearooms and lunchrooms,
restaurants, stores and display rooms of building grade contractors
or similar tradesmen and boardinghouses or lodging houses. In the
permitted retail stores, merchandise on the premises shall be carried
primarily for sale at retail only.
[Amended 5-9-1990 by Ord. No. 5-1990]
(3)
Garages and filling stations, subject to the following
provisions:
(a)
No entrance or exit drives shall be located
within 500 feet of a public entrance to a church, school, parish house,
public library, firehouse, municipal building, public park, playground,
public recreation area or structure.
(b)
No automobile repair work, except emergency
repair work, shall be done out of doors.
(c)
No used automobile parts, dismantled vehicles
and similar articles shall be stored within a building.
(d)
No gasoline, fuel oil or other oil pump, car
lift, grease pit or other greasing mechanism and no other service
appliance installed in connection with a filling and/or service station
garage, public or private commercial, fuel oil station or depot or
bus terminal shall be installed within 30 feet of any street line
of any street, road or highway, and no gasoline storage tank or pump
shall be permitted within any building.
B.
The word "store" as used herein is not intended and
shall not be construed to include or permit establishments handling
or storing coal, oil, lumber, sand, gravel, stone, brick, terra-cotta,
masonry materials, building materials, steel, scrap metal, scrap paper,
rags or bulk structural materials or general storage warehouse within
a B-2 Business District. However, the storage of materials in connection
with the activities of a contractor or similar tradesman may be permitted
in the B-2 Business District if such materials are of the finish-type
and completely stored inside the building.
C.
The B-2 Affordable Housing Overlay Zone District is hereby established.
[Added 3-18-2020 byOrd.
No. 5-2020]
(1)
The Zoning Map shall be and is hereby amended and supplemented by
the addition of the B-2 Affordable Housing Overlay Zone, incorporating
the following properties into said overlay zone: Block 34.01, Lots
1, 2, 2.01, and 3; Block 35, Lot 1; Block 18.01, Lots 5, 7 and 12;
and Block 29, Lots 9, 12, 13 and 14.
(2)
The purpose of the zone is to provide a realistic opportunity to
address the Borough's unmet affordable housing need obligation.
(3)
The principal permitted uses for this said overlay zone is mixed
use buildings with any permitted use in the underlying B-2 Business
District and multifamily residential, multifamily senior housing and
age-restricted housing, and special needs housing on the upper floors.
(4)
Affordable housing set-aside. A minimum of 15% of the multifamily
housing constructed for rental purposes and a minimum of 20% of the
multifamily housing constructed for sale purposes shall be set aside
for affordable housing deed restricted units. All affordable units
created under this subsection will be affordable to very-low-, low-
and moderate-income households in accordance with the rules at N.J.A.C.
5:93-1 et seq. ("COAH's Second Round rules"),[1] the Borough's Affordable Housing Ordinance, and the Uniform
Housing Affordability Controls ("UHAC") at N.J.A.C. 5:80-26.1 et seq.
[1]
Editor's Note: In accordance with N.J.S.A. 52:14B-5.1b, Chapter
93, Substantive Rules of the New Jersey Council on Affordable Housing
for the Period Beginning June 6, 1994, expired on 10-16-2016.
(5)
Area and bulk regulations that are set forth in the Zoning Area and
Limiting Schedule shall apply to development proposed under this overlay
district.[2]
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
In both business districts, no building, structure
or premises shall be used, and no building shall be erected, arranged,
altered, modified, designed or intended to be used for any of the
following trades, businesses or uses, except that residential uses
shall be allowed in the B-2 Affordable Housing Overlay Zone District.
[Amended 10-17-2001 by Ord. No. 18-2001; 5-20-2009 by Ord. No.
13-2009; 4-17-2019 by Ord. No. 13-2019; 3-18-2020 by Ord. No. 5-2020]
(1)
Animal zoos, exhibits, rides or farms, indoor or outdoor.
(2)
Living quarters, apartments, bedrooms, etc., in connection
with buildings and structures for business use.
(3)
Carpet, bag, rag or waste material cleaning or baling,
dry-cleaning or dyeing works or commercial laundries.
(4)
Carting, hauling, express or trucking storage yards
or buildings, transfer docks or yards.
(5)
Contractors' plants or storage yards, machinery or
equipment storage.
(6)
Livery or boarding stables, kennels or animal hospitals,
except that in the customary services provided by a licensed veterinarian,
overnight stays of a household pet shall be permitted at the office
of such veterinarian as may be deemed necessary due to sickness or
recovery process.
(7)
Metal or woodworking shops, body works, body repairs,
monument works or stoneyards.
(8)
Bottling works, dairies, milk plants or distribution
stations.
(9)
Food and/or drink stands or other stands or businesses
dispensing food and/or drinks through an opening of an exterior wall
of a building or providing service on the premises, except an outdoor
café, and food and/or drink establishments located in B-1,
B-2, and the RDZ zones.
(a)
Permitted hours of drive-through operation shall be 6:00 a.m. to
10:00 p.m.
(b)
Drive-through operation shall be limited to coffee-based businesses.
(c)
Prior to the issuance of a permit for a drive-through, a site plan
approval shall be required from the Planning Board.
(d)
Design requirements.
[1]
Drive-through lanes shall be a minimum of 12 feet in width.
[2]
Order boards adjacent to the drive-through lane shall have sound-attenuation
devices, and illumination thereof will cease at 10:00 p.m. No sign
shall be higher than eight feet nor have a surface area larger than
32 square feet.
[3]
A bypass lane shall be provided adjacent to the drive-through lane.
[4]
Vehicle stacking in the drive-through lane shall accommodate at least
four vehicles.
(10)
Any kind of manufacture, treatment, baking or
making of products not clearly incidental to the conduct of a permitted
retail business conducted on the premises.
(11)
Selling food or any other merchandise from outdoor
stands, carts, open storefronts, etc.
(12)
Refilling, filling or storage of liquefied petroleum
gas containers.
(13)
Wholesale distribution and/or storage of gasoline,
fuel oil or other fuel or petroleum products.
(14)
A business, trade or use that is noxious or
offensive by reason of the emission of odors, dust, smoke, gas or
noise or that is dangerous to public health or safety in the judgment
of the Mayor and Council.
(15)
Outdoor storage of supplies, stock, materials,
equipment of any kind, etc. Refuse, rubbish, waste, etc., shall be
stored in metal containers and in completely enclosed rooms or closets,
the doors of which shall open directly to the outside.
B.
Only hand, air, water or electric power shall be used
for operating any machinery incidental to a permitted use.
C.
Excluded, also, is the installation of individual
gasoline and fuel tanks for the servicing of motor vehicles.
A.
Within both business districts, the following accessory
uses shall be permitted:
(1)
Garages, private only.
(4)
Storage of automobiles, trucks and other vehicles,
materials or supplies, equipment, etc., within a completely enclosed
building only.
(5)
Outdoor cafes. An outdoor cafe shall only be permitted as an accessory
use to a restaurant and only in accordance with the following standards:
[Added 5-20-2009 by Ord. No. 13-2009]
(a)
Zoning approval required.
[1]
Approval for an outdoor cafe shall be obtained by filing an
application for approval with the Zoning Administrator. Approval shall
be granted if the application complies with the standards set forth
in this section.
[2]
The applicant shall provide all information required hereunder
and in addition shall provide a sketch of the proposed location of
the outdoor cafe. The sketch shall reasonably inform the Zoning Administrator
of the placement of tables, chairs or other equipment as well as the
location of any trash containers for use in conjunction with the outdoor
cafe.
[3]
Approval shall be granted for a one-year basis and any subsequent
applications for renewal shall be approved, provided there are no
substantial changes to the previously approved application, nor any
violations of state liquor laws or of the Borough Code. Any substantial
change shall be reported to the Zoning Administrator at the time of
the annual renewal.
(b)
Design standards.
[1]
The outdoor cafe shall be located directly in front of the restaurant
but may be located in the side or rear yard area of the same where
such would not violate any setback requirement applicable in the zoning
district.
[Amended 10-20-2021 by Ord. No. 18-2021]
[2]
Where located in a front yard, a minimum of five feet of unobstructed
paved surface area shall be available for pedestrian traffic around
or through the cafe.
[3]
Doors leading from the restaurant shall not be obstructed.
[4]
Each approval holder is responsible for keeping the area of
the outdoor cafe and adjacent walks and streets free from any debris
or litter occasioned by the cafe. Areas must be cleaned as needed
and at the time that the business is closed and at the beginning of
each business day, but not later than 9:00 a.m.
[5]
No vending machines of any kind are permitted on the exterior
of any building operating as an outdoor cafe.
(c)
Operation.
[1]
Outdoor cafes shall be permitted to operate from May 1 through
October 31 of each year.
[Amended 10-18-2017 by Ord. No. 25-2017; 10-20-2021 by Ord. No. 18-2021]
[2]
No tables, chairs or other equipment shall be attached, chained
or in any manner affixed to any tree, post, sign, curb or sidewalk
or property of the Borough. All tables, chairs, umbrellas and other
appurtenances shall be kept in a neat and orderly manner as determined
by the Property Maintenance Officer.
[Amended 10-20-2021 by Ord. No. 18-2021]
[3]
The approval holder shall not direct or permit to be directed
from the area of any outdoor cafe any bell, chime, siren, whistle,
loudspeaker, public address system, radio or similar device.
[4]
All persons occupying the outdoor dining area shall vacate the
area no later than 9:30 p.m.
[Amended 10-18-2017 by Ord. No. 25-2017]
[5]
In recognition of the parking requirements associated with the
restaurant and outdoor cafe, no more than 50% of the indoor seats
of the restaurant to which the outdoor cafe belongs shall be permitted
in the outdoor area. No additional parking spaces shall otherwise
be required.
[Amended 10-20-2021 by Ord. No. 18-2021]
[6]
The service of alcoholic beverages in any outdoor seating area
shall be in strict conformance with all applicable rules or regulations,
including restrictions on any license held by the restaurant of which
the cafe is a part.
B.
The use of house trailers, or any other trailers,
for any purpose, the parking of trailers in both business districts
and the use of temporary structures or mobile units, vending units,
etc., for the dispensing of or conducting of business in any way,
form or shape shall be prohibited.
C.
The erection of individual exterior telephone or information
booths, and any other similar compartments or stands, shall be subject
to a special permit from the Planning Board. Such permits shall cover
the type of construction and location of the booth.
A.
Not more than one principal building shall be erected
on any one lot.
B.
Every building, structure or area hereafter used in
all business districts shall conform to the requirements set forth
in the accompanying Zoning Area and Limiting Schedule.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
No permit shall be issued for construction of any
building permitted in all the business districts unless the parcel
fronts upon an improved street or until the Council has certified
the suitable improvements.
E.
Outdoor lighting, if provided, shall be so arranged
as to avoid undue glare upon abutting properties.
