A.
Purpose. The commercial districts established by § 163-52D of this chapter are intended to provide and maintain commercial areas serving the purposes hereinafter stated:
(1)
The Neighborhood Commercial Districts are established to provide
for groups of small business establishments located to serve frequent
retail and personal service needs of residents within convenient traveling
distance, with an option of moderate density multiple-family residential
development located above such business establishments. These districts
are not intended to permit major commercial or service establishments
which would attract substantial amounts of trade from outside the
neighborhood.
(2)
The Resort Service District is established as a commercial-residential
district for those parts of the City enjoying the advantages of proximity
to the Central Business District, the oceanfront and of access to
active casino development. The mixture of residential and commercial
uses is encouraged as a means of achieving space and energy efficiency
and of achieving diversity in activity within these areas. The mixture
is also intended to accommodate uses which support and are integral
to nearby casino operations, including but not limited to hotel and
garage developments.
[Amended 6-15-1988 by Ord. No. 1-1988]
(3)
The CBD Central Business District is established to preserve and
enhance commercial, financial, retail and similar activities and services
of importance to the existing central business district. The district
is intended to accommodate a wider variety of commercial uses than
any other district. High land values, space limitations and public
convenience justify greater intensity of use than in any other commercial
district.
(4)
The Mixed Use Recreation District has been established to integrate
residential, commercial, cultural, transportation and transient oriented
uses. Water-based uses that provide alternative modes of transportation
to other locations throughout the City are encouraged. Public access
along the waterfront is a major component of the district plan, to
provide a scenic venue and pedestrian links to the Walk. The permitted
uses, structures and requirements are set forth in the attached Land
Use Schedule[1] and at Figures 1 and 2.[2]
[Amended 5-6-2009 by Ord. No. 25-2009]
(5)
The HWC Highway Commercial District is established to provide for
commercial uses, of a limited range and locations which abut or front
and which have access to heavily traveled multilaned major roadways.
Uses in this district include facilities related predominantly to
the traveler or highway user as well as commercial uses which require
large land areas, do not depend upon adjoining uses for their operation
and do not compete with similar activities in other districts in the
City.
(6)
The AC Area Commercial District is established to provide for commercial
uses and services of a limited range at locations which abut or front
and have access to heavily traveled multilaned major roadways. Uses
in this district include facilities related to area residents and
visitors by providing for the development of larger consolidated commercial
facilities for diversified retail uses.
[Added 6-15-1988 by Ord. No. 1-1988]
(7)
The MC Marine Commercial District is established to provide for commercial
uses and services, and, as a component thereof, for residential uses.
The district is intended to provide for uses which are marine related,
including both recreational and commercial marine activities. Uses
in the district are predominantly marine-related activities which
can only be conducted in areas having waterfront access. Limited development
of uses not requiring waterfront, such as residential, are permitted
as components of projects having as major elements a water-related
commercial or recreational use. Public or semipublic access to all
or a portion of waterfront parcels under development within this district
is a purpose of this district.
[Added 6-15-1988 by Ord. No. 1-1988]
B.
Permitted uses. The uses permitted as of right in the commercial districts established by § 163-52D of this chapter are set forth in the Commercial Land Use Schedule appearing at the end of this chapter.[3]
[3]
Editor's Note: See Schedule III, Schedule of Permitted and
Conditional Uses, and Figure 1, Mixed Use Recreation District Regulations.
C.
Conditional uses. In addition to the conditional uses specified in § 163-142, additional uses which may be permitted in commercial districts as conditional uses, subject to the issuance of a conditional use permit as provided in Part 5, Article XXVI, of this chapter, are set forth in the Commercial Land Use Schedule appearing at the end of this chapter.[4]
[4]
Editor's Note: See Schedule III, Schedule of Permitted and
Conditional Uses, and Figure 1, Mixed Use Recreation District Regulations.
D.
Bulk, space and yard requirements. The bulk, space and yard requirements
applicable to permitted and conditional uses in commercial districts
are set forth in the schedule at the end of this chapter.[5]
[5]
Editor's Note: See Schedule I, Schedule of Space, Bulk and
Yard Regulations, Commercial Districts, and Figure 2, Mixed Use Recreation
District Schedule of Space Bulk and Yard Requirements.
J.
Performance standards and use limitations.[11]
(1)
All uses established in any commercial district shall comply with the performance standards set forth in § 163-73.
(2)
Outdoor display or storage of merchandise or equipment shall be permitted
in any commercial district, provided that any such display shall be
limited to an area which is owned or leased. No display shall interfere
with the passage of pedestrian or vehicular traffic.
[Amended 10-21-2015 by Ord. No. 77-2015]
[11]
Editor's Note: See Figure 1, Mixed Use Recreation District
Regulations.
L.
Lighting.
For the safety and security of the entire community, residents and
visitors, the City requires that commercial properties which are often
closed after normal business hours maintain the lighting on their
property. This is essential for first responders to ensure their safety
and fully respond to any call for service or investigative functions.
Commercial properties which are not lit are more prone to graffiti,
vandalism and misconduct. Also, quality of life, property maintenance
and criminal activity are less likely to occur if an area is well
lit, clean and safe.
[Added 3-22-2023 by Ord. No. 09-2023]
(1)
Commercial
districts shall have twenty-four-hour lighting.
(2)
Outdoor
light fixtures shall have a color temperature of 3,500 K. or lower.
Luminaire maintenance protocols shall assure luminaries are maintained
with lamps and LED (light-emitting diode) modules that comply with
this chapter.
(3)
Outdoor
light fixtures shall be continually maintained to assure light distribution
compliant with this subsection and illuminance requirements (prevent
direct view of lamps from any adjacent residential property).
(4)
Illumination.
Fixed lighting shall be arranged to prevent direct glare to any public
or private property or street.
(5)
Minimal
required levels of illumination are to be used in all applications.
All lighting shall be designed, selected and installed both to prevent
negative impacts caused by misdirected or excessive light and to conserve
energy.
(6)
Glare
from operation. No use in any district shall be operated so as to
produce direct or sky-reflected glare or direct illumination across
any lot line from a visible source of illumination of such intensity
as to create a nuisance or traffic hazard or detract from the use
or enjoyment of adjacent property.
(7)
Permitted
illumination. All permitted exterior lights, including signs, floodlights,
parking lot lighting, streetlights and lighting necessary for the
safety and protection of property, shall be made up of a light source
and reflector so selected that, acting together, the light beam is
controlled and not directed across any lot line.
(8)
Commercial
light standards. With the exception of streetlights, all exterior
lighting fixtures within commercial districts shall be directed and
shaded wherever necessary to prevent the intensity of light from exceeding
one footcandle as measured at any lot line.
(9)
Blinking
or intermittent lights. No exterior lights that blink or shine with
an intermittent phase are permitted in any district, except as part
of holiday decorations.
(10)
The use of LED luminaires is encouraged. Luminaires shall contain
integral lamp-life-sensing controls or have maintenance protocols
that require LED module replacement when LED drivers are replaced.
Luminaire maintenance protocols shall assure luminaires are maintained
to be compliant with this chapter. The use of incandescent and halogen
lamps is discouraged.
(11)
Dimming controls for outdoor lighting are encouraged. High-end trim
settings shall be utilized to assure minimum necessary illumination
and resolve compliance discrepancies upon Township inspection.
(12)
Violations and penalties. Any person who violates or fails or refuses
to comply with this subsection or any part or section thereof shall,
upon conviction in the Municipal Court of the City of Atlantic City,
be punished for each offense by a fine not to exceed $2,000 or by
imprisonment for any term not exceeding 90 days in the county jail
or in any place provided by the municipality for the detention of
prisoners, or both. Every such violation or refusal shall be deemed
a separate violation, and each day that the same shall continue shall
be deemed a separate violation.
(13)
Failure or refusal to install required lighting. In cases where the
owner shall have refused or neglected to install twenty-four-hour
lighting after notice and opportunity to cure, the same may be installed
by or under the direction of the Director of Public Works or his/her
designee. Where the same shall have been corrected with twenty-four-hour
lighting installed by or under the direction of said Director of Public
Works or his/her designee, he shall certify the cost thereof to the
City Council, which shall examine the certificate, and if it shall
be found correct, the City Council shall cause the cost as shown thereon
to be charged against the lands upon which the twenty-four-hour lighting
was installed; and the amount so charged shall forthwith become a
lien upon the lands and shall be added to and become and form part
of the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as taxes, and shall be collected
and enforced by the same officers and in the same manner as taxes.
