[Added 12-14-2017 by Ord.
No. 26-2017]
The purpose and intent of the B-10 Zone District is to:
A.
Establish a regulatory framework that will enhance the character
of the Route 10 corridor in the Township;
B.
Promote a strong and sustainable economic environment that encourages
attractive commercial and business development, employment opportunities,
an enhanced tax base, and convenient and quality facilities, services
and amenities, for both residents and the business community;
C.
Ensure that infill development and redevelopment is accomplished
in a manner that complements the overall community and respects the
general scale of development in the Township;
D.
Ensure that development in the District is responsive to and preserves
environmental features; in particular, steep slopes, wetlands, areas
subject to flooding, streams and other water bodies and trees;
E.
Enhance the appearance of the district, and of the Township as a
whole;
F.
Preserve and enhance retail commercial areas by defining their functional
role in the Township and the region;
G.
Encourage a community sense of place, offering uses that incorporate
the highest standards of aesthetic design resulting in an attractive
mixed-use, bicycle- and pedestrian-friendly corridor with improved
access from the residential neighborhoods in the Township;
H.
Promote redevelopment of under- or poorly utilized or developed properties
and the assembly of undersized or poorly configured parcels into larger
and properly configured properties; and
I.
Promote safe and efficient transportation design and improvements.
A.
The permitted principal uses in the B-10 Zone District shall be limited
to those set forth below.
(1)
Within the area of the B-10 overlay in the I - Industrial Zone, as depicted on the Zoning Map, the uses permitted by this Article XXXA or the uses permitted in the I - Industrial Zone by Article XXXIV shall be permitted; provided, however, that the permitted uses in any development shall be limited to those uses permitted in only one of the two zones.
(2)
Any development within the B-10 overlay area for uses permitted in the B-10 Zone, but not permitted in the I - Industrial Zone, shall be subject to the applicable regulations in this Article XXXA.
(3)
Any development within the B-10 overlay area for uses permitted in the I - Industrial Zone, but not permitted in the B-10 Zone, shall be subject to the applicable regulations in the I - Industrial Zone District in Article XXXIV.
(4)
Any development within the B-10 overlay area for uses permitted in both the B-10 and the I - Industrial Zone Districts shall be subject to either the regulations of this Article XXXA or the regulations in Article XXXIV, at the developer's option; provided, however, that any such development shall be subject to the regulations of only one of the two zones.
B.
When provided, the number in parentheses following the uses listed
below refers to the code number assigned by the North American Industry
Classification System (NAICS), 2017 edition, and such use shall be
defined as described in the text of that document, available online
at http://www.census.gov/eos/www/naics/. The following list is subject
to any applicable use limitations set forth in this chapter:
(1)
Retail trade uses, limited to:
(a)
Motor vehicle and parts dealers, limited to:
[1]
New car dealers (441110), including used car dealers
when an accessory use to a new car dealer on the same premises.
[2]
Motorcycle, atv, and all other motor vehicle dealers
(441228).
[3]
Automotive parts and accessories stores (441310).
[4]
Tire dealers (441320), but excluding motor vehicle
repair or maintenance establishments regulated as a conditional use.
(b)
Furniture and home furnishings stores (442).
(c)
Electronics and appliance stores (443).
(d)
Building material and garden equipment and supplies dealers
(444).
(e)
Food and beverage stores (445).
(f)
Health and personal care stores (446).
(g)
Clothing and clothing accessories stores (448).
(h)
Sporting goods, hobby, musical instrument, and book stores (451).
(i)
General merchandise stores (452).
(j)
Miscellaneous store retailers, limited to:
(2)
Taxi and limousine services (4853).
(3)
Motion picture theaters (512131).
(4)
Banks, savings and loan institutions, credit unions, lending
establishments and similar uses (522).
(7)
Health care and social assistance services, limited to:
(a)
Ambulatory health care services (621).
(b)
Child and youth services (62411).
(c)
Services for the elderly and persons with disabilities (62412).
(d)
Other individual and family services (62419).
(e)
Community food services (62421).
(f)
Vocational rehabilitation services (62431).
(g)
Child-care centers, as regulated by N.J.S.A. 40:55D-66.6.
(9)
Food services and drinking places (722). Drive-in restaurants shall only be permitted as part of large-scale development as defined by § 166-183.7.
[Amended 10-11-2018 by Ord. No. 28-2018]
(11)
Business, administrative and professional offices.
(12)
Food and beverage manufacturing establishments that engage in
selling to the general public products made on the same premises from
which they are sold, including but not limited to chocolate and confectionery
manufacturing, ice cream and frozen dessert manufacturing, bread and
bakery product manufacturing, perishable prepared food manufacturing,
breweries, wineries, and distilleries, which comply with all of the
following requirements:
(13)
Hotels.
(14)
Research laboratories devoted exclusively to research design and experimentation, limited to those laboratories permitted in the OB-RL Zone District pursuant to § 166-190.
(15)
Veterinary services (541940).
[Added 12-13-2018 by Ord.
No. 35-18]
(16)
Small-scale storage buildings with an associated office and/or
retail trade use permitted in the zone and which comply with all of
the following requirements:
[Added 5-9-2019 by Ord.
No. 19-19]
(a)
The storage use shall not include, as either a principal or accessory use, public and contract general merchandise warehousing and storage facilities (4931), general freight trucking (4841), specialized freight trucking (4842), support activities for road transportation (4884), other support activities for transportation (4889), renting or leasing space for self-storage (53113), or any use prohibited by § 166-183.5.
(b)
The storage of hazardous, toxic or highly flammable substances,
e.g., chemicals, solvents, petroleum, etc. (4247, 5622), shall be
prohibited, except for small quantities typically necessary for maintenance
of the storage facility.
(c)
The gross floor area of the storage building shall not exceed
10,000 square feet.
(d)
In addition to the warehouse operation, the building shall contain
at least 1,000 square feet of gross floor area devoted to office and/or
retail trade use permitted in the zone. Such office and/or retail
trade use shall be accessory to the storage operation.
(e)
No elevated loading docks, such as typically used for large
truck deliveries and shipments, shall be permitted.
(f)
No outdoor storage of materials, equipment or vehicles associated
with the storage or warehouse operation shall be permitted.
(g)
Any storage building permitted by this subsection shall be dedicated
primarily to storage purposes; any maintenance, repair, fabrication
or assembly of materials shall be minor and accessory to the storage
function.
(h)
The building and site design and exterior building materials shall be consistent with and compatible with the purpose and intent of the B-10 Zone District set forth in § 166-183.1.
(i)
The foregoing shall not be construed to prohibit storage which
is accessory to a permitted principal use on the same site, unless
specifically prohibited.
The following accessory uses shall be permitted in the B-10
Zone District:
[Amended 10-11-2018 by Ord. No. 28-2018; 12-13-2018 by Ord. No. 35-18]
Any use other than the uses specifically permitted by this article,
by other provision of this chapter or permitted by other applicable
law, shall be prohibited. In addition, the following uses shall be
specifically prohibited:
A.
Residential dwellings.
B.
Inpatient care or overnight lodging, except as part of permitted
hotel operation.
C.
Any business conducted outside the confines of a building. This prohibition shall include any outdoor boarding of animals, outdoor animal exercise areas or other similar outdoor areas as part of the provision of veterinary services or pet care services; such services shall only be conducted within the confines of a building (indoors), and shall be subject to the provisions of § 117-5 and all other applicable requirements. Notwithstanding the foregoing, the following uses and activities shall be permitted:
(1)
Building material and garden equipment and supplies dealers
permitted by this article.
(3)
Drive-in banks, pharmacies and, only in the case of large-scale development as defined by § 166-183.7, drive-in restaurants.
(4)
Outdoor dining permitted as an accessory to a permitted restaurant.
(5)
The display of passenger vehicles for sale accessory to a new
car dealer.
D.
Used car sales as a principal use.
E.
Any industrial use, except as may be specifically permitted.
F.
Wholesale uses, except as an accessory use to a permitted principal
use, or except may be specifically permitted.
G.
Construction trade yards or buildings, except for offices for such
uses.
H.
The use of any noisemaking devices, such as phonographs, loudspeakers,
amplifiers, radios, television sets or similar devices, so situated
as to be heard outside any building; provided, however, that permitted
drive-through establishments shall be permitted to use such microphones
and speakers that are minimally necessary for the functioning of the
drive-through operation, and further provided that the Planning Board,
as part of any site plan approval, may permit limited outdoor music
and/or entertainment accessory to outdoor dining within the development.
In any case where noisemaking devices, music and/or entertainment
is proposed, the same shall be permitted only if the developer demonstrates,
as part of any site plan application, that such activity will not
interfere with the reasonable use of other businesses or other establishments
within the development or on adjacent or nearby properties.
"Small-scale development" shall be defined for purposes of this
section as development on a property having a net lot area less than
five acres. "Net lot area" shall be defined as excluding all floodways,
wetlands and required transition areas for wetlands.
A.
Minimum lot area: 20,000 square feet.
B.
Minimum lot width: 100 feet.
C.
Minimum lot depth: 200 feet.
D.
Maximum floor area ratio. The maximum floor area ratio shall be based
upon the net lot area, which shall exclude all floodways, wetlands
and required transition areas for wetlands. The maximum floor area
ratio shall be 30% of the net lot area.
E.
Maximum building coverage. The maximum building coverage shall be
based upon the net lot area, which shall exclude all floodways, wetlands
and required transition areas for wetlands. The maximum building coverage
shall be 20% of the net lot area.
F.
Maximum building height: three stories, 45 feet.
G.
Minimum yard depths. The minimum yard depths shall be as required
below. For purposes of determining compliance with yard depths based
upon building height, in the case of buildings having varying heights,
the yard depth shall be measured to each portion of the building having
a different height. Thus, a portion of a building having a lower height
will have a different yard requirement than a portion of the same
building having a greater height.
H.
Maximum number of principal buildings: one per lot.
"Large-scale development" shall be defined for purposes of this
section as development on a property having a net lot area of at least
five acres. "Net lot area" shall be defined as the total lot area,
less the area of all floodways, wetlands and required wetland transition
areas.
A.
Minimum lot area: five acres.
B.
Minimum lot width: 300 feet.
C.
Minimum lot depth: 200 feet.
D.
Maximum floor area ratio. The maximum floor area ratio shall be based
upon the net lot area, which shall exclude all floodways, wetlands
and required transition areas for wetlands. The maximum floor area
ratio shall be 40% of the net lot area.
E.
The maximum building coverage shall be based upon the net lot area,
which shall exclude all floodways, wetlands and required transition
areas for wetlands. The maximum building coverage shall be 25% of
the net lot area.
F.
Maximum height of principal buildings: 75 feet.
G.
Minimum yard depths. The minimum yard depths shall be as required
below. For purposes of determining compliance with yard depths based
upon building height, in the case of buildings having varying heights,
the yard depth shall be measured to each portion of the building having
a different height. Thus, a portion of a building having a lower height
will have a different yard requirement than a portion of the same
building having a greater height.
H.
Maximum number of principal buildings: unlimited.
A.
Architectural design. Buildings shall be designed and placed in accordance
with the following provisions:
(1)
The architectural design of buildings shall promote a desirable
visual environment through the relationship of design features, such
as height and mass, building proportions, rooflines, building projections
and ornamental features.
(2)
The design of buildings shall be harmonious with the character
of existing development in the immediate vicinity and which enhances
the character of the surrounding neighborhood and the Township as
a whole, and avoids adversely affecting the value of adjacent or nearby
properties.
(3)
The use of exterior colors, facade or roof materials, or such
combination of colors and materials, shall be compatible with and
enhance the character of existing development.
(4)
Excessive uniformity or monotony of design within the context
of existing development in the neighborhood shall be avoided.
(5)
Building components such as windows, doors, eaves and parapets
shall have proportions in keeping with each other, the building and
the neighborhood as a whole.
(6)
Bright or brilliant colors shall be used only for accent and
shall not substantially depart from the character of existing neighborhood
colors so as to detract from the overall appearance of the neighborhood.
(7)
All sides of the building shall contribute to the architectural
unity of the building by using similar building materials for the
front, side and rear walls, and through other methods.
(8)
Large unbroken building masses shall be avoided through the
uses of projections, recesses, varying materials and other methods.
(9)
All buildings shall use durable high-quality material requiring
low maintenance, such as brick, stone, stucco, glass, precast concrete,
and wood, when properly treated. Where durability and performance
are questionable, the applicant may be asked to provide a manufacturer's
guaranty or proof of durability from an independent testing laboratory
certification. The use of aluminum siding, vinyl siding, and exposed
concrete block are prohibited, except for architectural prefinished
block and split face block, which are permitted.
C.
Roof structures shall not exceed five feet in height, nor shall their total area exceed 5% of the roof area to which they are attached. This shall not be construed to permit a dish antenna to exceed the height limit as regulated in § 166-138.1B(2).
D.
Supplemental regulations applicable to hotels. Hotels shall be subject
to the following regulations, in addition to all other applicable
requirements of this article and of this chapter. In the event that
the following requirements conflict with other applicable requirements
of this chapter, the more restrictive requirement shall apply:
(1)
Hotels shall be located on properties that have frontage upon
and direct access to a state highway.
(2)
Hotels shall be located on properties that contain at least
four contiguous acres of developable area, which shall exclude all
floodways, freshwater wetlands and wetland transition areas.
(3)
Hotels shall contain at least 100 lodging units or guest rooms.
E.
Limited recreational and open-air uses. Certain limited recreational
and open-air uses, such as tennis courts, batting cages, pitch-and-putt
golf courses, miniature golf and golf driving ranges and accessory
uses thereto are permitted in the B-10 Zone, subject to the following
requirements:
(1)
Such uses shall be located on tracts of land having an area
of not less than 15 acres.
(2)
The principal building for such use shall not exceed 30,000
square feet in gross floor area, and no such building shall be built
which is:
(a)
Less than 150 feet from the right-of-way line of any public
thoroughfare.
(b)
Less than 100 feet from any property line.
(c)
Greater than 45 feet in height, provided that a building may
be up to 65 feet in height if the building must be elevated due to
floodplain constraints. Rooftop equipment shall comply with the requirements
for such equipment in § 166-202A.
(3)
Permitted principal and accessory uses shall be permitted alone
or in combination. Any miniature golf course shall be located at least
200 feet from the right-of-way line of any public thoroughfare. An
outdoor dining area and/or a restaurant/dining area with a total of
not more than 100 seats, which shall be located in a well-defined
area as approved by the Planning Board, shall be considered to be
a permitted accessory use.
(4)
Uses commonly associated with amusement parks, such as Ferris
wheels or other moving rides, including trains or cars, or involving
animals or pets, are expressly prohibited.
(5)
The use shall be conducted in such a manner that there shall
be no direct or sky-reflected glare exceeding 0.5 footcandle measurable
upon the property line of the lot occupied by such use. The only lighting
permitted to illuminate the area shall be of such a nature that the
direct source of light is not visible from any street or residential
zone district.
(6)
Paved parking areas shall be provided to ensure 100% off-street
parking to all participants at all times under all conditions.
(7)
The design of any pitch-and-putt course or any permitted accessory
use shall be of such nature so as to ensure against the possibility
of damage to any adjoining property or injury to any person using
the public right-of-way. No barriers exceeding five feet for the elimination
of said hazard shall be allowed within 400 feet of any public right-of-way.
(8)
Lighting poles and other accessory equipment shall be subject
to Planning Board review with respect to materials of construction,
height, location, spacing and any other factor which, in its opinion,
would be detrimental to the public health, safety and welfare.
(9)
Recreational and open-air uses, as permitted, shall be limited
to operating between the hours of 7:00 a.m. and 1:00 a.m.
(10)
The requirements of § 166-202G, H and I shall also
be complied with.
F.
Amusement devices. Amusement devices are permitted as an accessory
use only. Said amusement devices, where permitted as an accessory
use, shall meet all of the following requirements:
(1)
There shall be 60 square feet of operating area for each amusement
device. The calculation of the operating area shall exclude any area
of the premises which is used for other purposes but shall include
access- and walkways primarily serving the amusement device.
(2)
The maximum area devoted for all amusement devices, at a ratio
of 60 square feet for each device, shall not exceed 25% of the gross
floor area of the establishment.
G.
Drive-in restaurants. Drive-in restaurants, where permitted, shall
be subject to the following regulations, in addition to all other
applicable regulations in this article:
[Added 10-11-2018 by Ord.
No. 28-2018]
(1)
No drive-in restaurant shall have direct driveway access to
any public street; driveway access to drive-in restaurants shall only
be from driveways that are internal to the large scale development.
(2)
Drive-in restaurants shall be subject to the same sign regulations
as other retail uses in the district.
