[Added 12-27-2012 by Ord. No. 23-12]
The purpose of the NB-1 District shall be to encourage the development
and redevelopment of personal service and retain establishments at
a pedestrian level scale. The district is centrally located within
adjoining populous residential areas of the Borough. Types of establishments
within the NB-1 District shall be intended to draw from this existing
base, as well as to be attractive to passing vehicular traffic along
Clinton Avenue (County Route No. 649). The functional class of Clinton
Avenue is deemed Urban Collector by the N.J.D.O.T. and, as such, has
the potential to provide a substantial customer base.
The following principal uses shall be permitted in the NB-1
District:
A.
Antique shops (display of merchandise outside of the building prohibited);
B.
Personal service establishments requiring licensure under New Jersey
Statutes Title 45 including barber shops, beauty salons, optometrists
and ophthalmic dispensers, chiropractic offices;
C.
Clothing and sporting goods stores;
D.
Gift, card and floral shops;
E.
Bookstores, stationery stores, jewelry stores and watch repairing;
F.
Dry cleaning, tailoring and shoe repair;
G.
Photographer's and artist's studios including picture framing;
H.
Musical instrument stores or studios, including the retail sales
of recordings and tapes, and a performance studio for music and dance;
I.
Real estate sales and appraisal services;
J.
Home electronics sales and service, including those focused on computers,
televisions, cellular phones, home audio equipment, gaming systems
and security systems;
K.
Restaurants offering on-premises seating for patrons and without
drive-through service;
L.
Bakery or confectionary shops for retail sales;
M.
Specialty food markets and delicatessens including those offering
meats, cheeses, spices, seafood and ethnic specialties; and
N.
Second-story-only residential occupation. No storefront residential
uses shall be permitted.
O.
Public parks suited for pedestrian access and use with passive amenities
such as walkways, benches, lighting and trash receptacles.
[Added 7-12-2016 by Ord.
No. 8-16]
P.
Two-story single-family detached residential dwelling units without
a commercial business component.
[Added 7-12-2016 by Ord.
No. 8-16]
The following uses are specifically prohibited in keeping with the intent and purpose of the NB-1 District as outlined in § 125-45.1, above.
A.
Automotive sales, repair, fueling and service facilities;
B.
Welding, metal fabrication or machine shops;
C.
Recycling facilities;
D.
Warehousing or storage facilities;
E.
Any business which provides services commonly referred to as "body
art," including but not limited to tattooing, intentional body mutilations
and/or body adornments, intentional branding or scarring, or the like;
F.
Junkyards;
G.
Adult bookstores;
H.
Amusement establishments including billiard parlors, bowling alleys,
arcade and game rooms;
I.
Contracting businesses, including those of plumbers, electricians,
carpenters, home remodelers, roofers, exterminators and others requiring
storage of bulky materials and the use of commercial, multiple vehicle
fleets to conduct their business; and
J.
The conversion of the first floor of storefront buildings into any
type of residential use.
A.
The intent of the NB-1 Zone is to encourage a pedestrian-oriented
environment. As such, it is anticipated that public parking, facilities
currently provided by the Borough of Oaklyn and located on Block 17,
Lot 1, will be utilized by patrons of the NB-1 businesses. On-street
parking is available throughout the entire West Clinton Avenue corridor
within the limits of the NB-1 District.
[Added 8-9-2022 by Ord. No. 12-22]
The following conditional uses shall be permitted in the NB-1
Neighborhood District in the Zoning Code of the Borough of Oaklyn
and appropriate conditional use applications shall be required in
addition to the permit provided for hereunder:
A.
Outdoor cafes. The purpose of this section is to establish a procedure
and authorize rules and regulations thereunder for the licensing of
outdoor cafe/seating in the NB-1 Neighborhood District of the Borough
of Oaklyn. The Borough has determined that allowing outdoor seating
in the NB-1 Neighborhood District to provide for outdoor cafes to
promote the public interest by adding to the active and attractive
pedestrian environment created by them and provide the opportunity
for creative, pedestrian-focused commercial activities on a day, night
and seasonal basis which activities are aesthetically pleasing and
will add to the excitement, charm, vitality and diversity of the NB-1
Neighborhood District.
(1)
Requirement of license.
(a)
Application for license. Application for the license required
hereinafter shall be made to the Borough and shall be signed by the
applicant. The application shall contain the following information:
name, residence address, name and description of business, business
telephone number, and telephone number of each individual owner and/or
partner. The address and description of each place where the applicant
intends to establish outdoor seating/cafe. Two sets of proposed layout
plan containing drawings clearly illustrating the number, type of
materials, color and location of all tables, chairs, benches, umbrellas
or other furnishings or fixtures intended to be located in the outdoor
cafe. Drawings must be accurately drawn to scale and must provide
dimensions of tables, chairs, the space between tables, clear space
between the backs of chairs when they are in the in-use (customer-seated)
position and the distance from the curbline and the nearest seat or
table. There shall be a fee of $50 for the making of this application.
(b)
No license shall be issued hereunder unless the applicant shall
demonstrate that a minimum of five feet between the curbline of the
public street and the edges of chairs or tables will be available
for pedestrian traffic around such outdoor seating, and that such
outdoor seating will be directly in front of a "commercial establishment"
as hereinafter defined as eating establishments. The application shall
satisfy all of the following conditions:
[1]
No food or drinks served at such cafe seating shall
be prepared or stored other than in the interior of the establishment.
[2]
The term "directly in front of" shall confine the
outdoor cafe to the area represented by an extension of each side
of the building occupied by the commercial establishment projected
directly to the curbline immediately in front. For businesses occupying
corner properties and having frontage on two public streets, table
seating shall be permitted on both street frontages, if all dimensional
requirements specified herein are satisfied.
[3]
The seating to be provided may consist of small
cafe-style tables having a maximum area of 720 square inches (five
square feet) for rectangular tables and a maximum diameter for round
tables of 24 inches and having an area of 3.14 square feet. There
shall be two chairs per table or benches that comply with the provisions
of this article.
[4]
All tables and chairs must be constructed of material
of sufficient weight so as to not be affected by high winds.
[5]
Any doors leading from the commercial establishment
to the outdoor cafe may not be obstructed in any matter. All delineated
handicap accessible routes between the adjoining street in front of
an eating establishment and the restaurant entrance must remain unobstructed
and cannot in any way be dimensionally altered or relocated.
[6]
As stated in Subsection A(1)(b) above, there shall be a minimum of five feet of unobstructed space between the edges of tables and seats being provided by the eating establishment and the curbline of the street to permit free passage of pedestrian sidewalk traffic around all outdoor seating. The backs of opposing seats (seats that are facing different tables) shall have a minimum space of 24 inches between them, when customers are in the seated position.
[7]
The location, height and illumination values, measured
in footcandles, for any proposed outdoor lighting and fixtures. Sufficient
illumination of outdoor eating areas and the associated pedestrian
sidewalk of a minimum of one footcandle must be demonstrated. Applicants
may include the lighting values of existing ambient lighting in their
documentation of the one-footcandle minimum.
[8]
The location of handicap ramps, trees, trash cans,
canopies, utility poles, signs and any other objects located in the
sidewalk area potentially affecting the proposed use for outdoor dining
or potentially impeding pedestrian traffic within the required five-foot-wide
clear area as measured from the curbline.
[9]
Any alteration, construction, rehabilitation and/or
repair shall be done consistent with the applicable construction codes
and fire codes promulgated by the State of New Jersey.
[10]
It shall be unlawful for any person, firm, partnership,
corporation, association or organization of any kind (hereinafter
collectively referred to as "person") to create establish operate,
maintain or otherwise be engaged in the business of conducting an
outdoor cafe or provide outdoor seating upon the sidewalks of the
Borough of Oaklyn, or on private property, unless such person shall
hold a currently valid Borough license issued pursuant to the terms
of this section.
(c)
Issuance of license. If the application complies with the requirements
of this section, the Borough Council shall review the application
for final approval and license. All mercantile and food handling license
must be current.
[1]
Zoning officer review application. Zoning official
will review the application for completeness and compliance with the
terms of this section. If the application is complete, the zoning
officer will forward the application to Borough Council within 10
business days after the application is deemed to be complete.
[2]
The license is personal to the applicant; any change
of ownership of outdoor seating will require a new application and
license.
(d)
Revocation of license.
[1]
Any license issued pursuant to this article may
be revoked by the Borough Clerk or her designee for any of the following
causes:
[a]
Any fraud, misrepresentation or false statements
contained in the application for license;
[b]
Any fraud, misrepresentation or false statements
made in connection with the selling of goods, wares or merchandise;
[c]
Any violation of this section; and
[d]
Conducting the business licensed under this article
in an unlawful manner or in such a manner as to constitute a menace
to the health, safety or general welfare of the public.
[2]
An appeal from any such revocation may be made
to the Borough Administrator within 10 days of the date of the revocation
who shall forthwith schedule a hearing on the appeal. The Borough
Administrator shall render a decision within two days after completion
of the hearing. Thereafter, any aggrieved party may appeal the decision
of the Borough Administrator to the Borough Council by filing a notice
of appeal with the Borough Clerk within seven days of the date of
appeal. The Borough Council shall hear such appeal and render its
decision within 45 days.
(e)
General provisions.
[1]
Cleanliness of area. Each licensee is responsible
for keeping the area of the outdoor cafe seating and adjacent sidewalks
and streets free and clear of debris. Areas must be cleaned as needed
and at the time that business is closed and at the beginning of each
business day, but not later than 9:00 a.m.
[2]
Vending machines. No vending machines of any kind
are permitted on the exterior of any building.
[3]
Signs. No signs shall be permitted in the area
of the outdoor cafe seating unless the signs comply with Borough Sign
Ordinance.
[4]
Outdoor equipment. No tables, chairs, benches or
other equipment used in the outdoor cafe shall be attached, chained
or in any manner affixed to any tree, sign, post curb or sidewalk.
All equipment, tables, chairs, umbrellas and the like, pertaining
to the outdoor seating area, shall be removed at the end of each and
every evening and secured within the confines of the building.
[5]
No equipment, tables, chairs or other material
of any kind shall be permitted to remain outdoors during hours in
which the business is not open to the public and operating. Preferred
location of the outdoor equipment is against the building, so the
pedestrian traffic flows between the outdoor equipment and the curb.
