[Amended 2-12-1996; 9-24-2018 by Ord. No. 18-11]
Permitted principal uses in the B-1 District shall be as follows:
A.
Retail sales of goods and services.
B.
Physical fitness studios, yoga studios, martial arts studios.
C.
Art studios, displays, and/or art galleries for artistic endeavors
and production, including painting, sculpting, ceramics, jewelry,
glass blowing, photography, and hand-made furniture.
D.
Travel agencies, real estate offices and opticians.
E.
Offices and professional offices other than those listed in § 94-33D above but not on the street-level floor along the Park Avenue and Centre Street frontages.
F.
Restaurants.
G.
Apartments over other permitted uses but not on the street-level
floor.
H.
Banks and other similar financial institutions.
I.
Senior citizen multifamily buildings.
[Amended 9-24-2018 by Ord. No. 18-11]
The purpose of this section is to set forth the requirements
and procedures applicable to conditional uses, in accordance with
N.J.S.A. 40:55D-67. A conditional use shall not be approved for any
site unless the use is specifically approved as a conditional use
in the zone for which it is proposed by the Planning/Zoning Board.
The following conditional uses shall be permitted in the B-1 Central
Business Zoning District as follows:
A.
Retail and/or wholesale sales businesses whose sales include any
type of firearm, including, but not limited to, handguns, rifles,
ammunition and the like, provided the following conditions have been
met:
(1)
Such use is not within 1,000 feet of any property used for school
purposes or which is owned by or leased to any elementary or secondary
school or school board.
(2)
Notice of the application has been given, and publication made,
pursuant to N.J.S.A. 40:55D-12.
(4)
A site plan application has been made for the lot, the Planning/Zoning
Board has approved such conditional use and the requirements and conditions
of site plan/conditional use approval have been met.
(5)
Off-street parking shall be provided as required by §§ 94-52, 94-52.1 and 94-53, and the parking required for the proposed conditional use is located on the lot for which the application is made, or on a contiguous lot which must be subject to a covenant running with the land reserving that parking for the proposed conditional use.
(6)
Such use is located on the ground floor only.
(8)
The proposed use shall be so located and of such size and character
that, in general, it shall be in harmony with the existing development
in the general area in which it is proposed to be situated, particularly
if it is located in the Historic District, and shall be free of nuisance
characteristics.
(9)
If any signs are to be located upon the lot, the requirements of Article X, Signs, have been met.
(10)
In addition to the above, in the event that any use is located
directly adjacent to a residential use or zone:
(a)
The location, size, activity, site layout, street access, pedestrian
and vehicular movement and possible assembly of people shall be harmonious
with that residential use or zone.
(b)
The location and height of buildings, fences and landscaping
shall not discourage the appropriate development and use or materially
affect property values of the adjacent residential land or buildings.
B.
Any kind of manufacturing, fabricating, altering, finishing or assembling,
except as necessarily incidental to a retail trade or service use,
provided the following conditions have been met:
(1)
Notice of the application has been given, and publication made,
pursuant to N.J.S.A. 40:55D-12.
(2)
The proposed use shall be so located and of such size and character
that, in general, it shall be in harmony with the existing development
in the general area in which it is proposed to be situated, particularly
if it is located in the Historic District, and shall be free of nuisance
characteristics detectable to normal senses beyond the boundaries
of the property (including noise, vibration, dust, odor and sanitation).
(3)
In addition to the above, in the event that any use is located
directly adjacent to a residential use or zone:
(a)
The location, size, activity, site layout, street access, pedestrian
and vehicular movement and possible assembly of people shall be harmonious
with that residential use or zone.
(b)
The location and height of buildings, fences and landscaping
shall not discourage the appropriate development and use or materially
affect property values of the adjacent residential land or buildings.
D.
Alternative Treatment Centers which are authorized to grow and provide
registered qualifying patients with usable marijuana and related paraphernalia
(including cultivation, manufacturing, and/or dispensing of medical
marijuana), in accordance with the provisions of the New Jersey Compassionate
Use Marijuana Act, N.J.S.A. 24:6I-1 et seq., provided the following
conditions are met:
[Amended 7-12-2021 by Ord. No. 21-05]
(1)
No Alternate Treatment Center shall be located within 300 feet of any property used for school purposes or which is owned by or leased to any elementary school secondary school or school board (a "School Use"). For the purposes of measuring the buffer distances mandated herein and in subsections D(2) and D(3), the measurement shall begin at the outer boundaries or lot lines of the respective School Use, residential zoning district or similar facility and the proposed Alternative Treatment Center.
(2)
No Alternate Treatment Center shall be located within 50 feet
of any R-1, R-2, R-3, R-4 residential zoning district or an adjacent
community's residential-only zoning district;
(3)
No Alternate Treatment Center shall be located within 200 feet
of another similar facility (i.e., Alternative Treatment Center or
Authorized Recreational Marijuana Retail Facility).
(4)
Notice of the application has been given, and publication made,
pursuant to NJSA 40:55D-12;
(5)
A site plan application has been made for the lot, and the Planning/Zoning
Board has approved such conditional use, and the requirements and
conditions of site plan/conditional use have been met.
(6)
The proposed facility shall be so located and of such size and
character that, in general, it shall be in harmony with the existing
development in the general area in which it is proposed to be situated,
particularly if it is located in the Historic District, and the use
shall be free of nuisance characteristics detectable to normal senses
beyond the boundaries of the property (including noise, vibration,
dust, odor and sanitation).
(7)
In addition to the above:
(a)
The location, size, activity, site layout, street access, pedestrian
and vehicular movement and possible assembly of people shall be harmonious
with surrounding land uses;
(b)
The location and height of buildings, fences and landscaping
shall not discourage the appropriate development and use or materially
affect property values of the adjacent properties.
(8)
Hours of Operation shall be restricted to 9:00 a.m. to 10:00
p.m. on Mondays through Saturdays, and 12:00 noon to 6:00 p.m. on
Sundays.
(9)
Use or consumption in any manner of marijuana is not permitted
on the premises of any medical marijuana dispensary at any time.
(10)
Persons under the age of 21 years of age are not permitted to
be on the premises of any medical marijuana dispensary at any time
unless they are a qualified patient or a primary caregiver, and they
are in the presence of their parent or guardian.
(11)
Advertisements, displays of merchandise, signs or any other
exhibit depicting the activities of the dispensary placed within the
interior of buildings or premises shall be arranged or screened to
prevent public viewing from outside such building or premises.
(12)
Outdoor loudspeakers or other outdoor sound equipment advertising
or directing attention to a dispensary, including but not limited
to prerecorded or live music or sounds, are prohibited.
(13)
There shall be no more than a total of two Alternative Treatment
Centers in the Borough of Merchantville.
E.
Cannabis Retailer, involving the sale of marijuana and related paraphernalia
for recreational purposes to members of the general public, pursuant
to the New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act, N.J.S.A. 24:6I-31 et seq., provided
the following conditions are met:
[Amended 7-12-2021 by Ord. No. 21-05]
(1)
No Cannabis Retailer shall be located within 300 feet of any property used for school purposes or which is owned by or leased to any elementary school secondary school or school board (a "School Use"). For the purposes of measuring the buffer distances mandated herein and in subsections E(2) and E(3), the measurement shall begin at the outer boundaries or lot lines of the respective School Use, residential zoning district or similar facility and the proposed Cannabis Retailer.
(2)
No Cannabis Retailer shall be located within 50 feet of any
R-1, R-2, R-3, R-4 residential zoning district or an adjacent community's
residential-only zoning district;
(3)
No Cannabis Retailer shall be located within 200 feet of another
similar facility (i.e., Alternative Treatment Center or Authorized
Recreational Marijuana Retail Facility).
(4)
Notice of the application has been given, and publication made,
pursuant to NJSA 40:55D-12;
(5)
A site plan application has been made for the lot, and the Planning/Zoning
Board has approved such conditional use, and the requirements and
conditions of site plan/conditional use have been met.
(6)
The proposed facility shall be so located and of such size and
character that, in general, it shall be in harmony with the existing
development in the general area in which it is proposed to be situated,
particularly if it is located in the Historic District, and the use
shall be free of nuisance characteristics detectable to normal senses
beyond the boundaries of the property (including noise, vibration,
dust, odor and sanitation).
(7)
In addition to the above:
(a)
The location, size, activity, site layout, street access, pedestrian
and vehicular movement and possible assembly of people shall be harmonious
with surrounding land uses;
(b)
The location and height of buildings, fences and landscaping
shall not discourage the appropriate development and use or materially
affect property values of the adjacent properties.
(8)
Hours of Operation shall be restricted to 9:00 a.m. to 10:00
p.m. on Mondays through Saturdays, and 12:00 noon to 6:00 p.m. on
Sundays.
(9)
Use or consumption of marijuana is permitted on the premises
of an authorized recreational marijuana retail facility only if it
is used or consumed indoors and only if the product is purchased at
that retail facility. No outside purchases may be consumed on the
premises.
(10)
Persons under the age of 21 years of age are not permitted to
be on the premises of any authorized recreational marijuana retail
facility at any time unless they are a qualified patient or a primary
caregiver, and they are in the presence of their parent or guardian.
(11)
Advertisements, displays of merchandise, signs or any other
exhibit depicting the activities of the dispensary placed within the
interior of buildings or premises shall be arranged or screened to
prevent public viewing from outside such building or premises.
(12)
Outdoor loudspeakers or other outdoor sound equipment advertising
or directing attention to a dispensary, including but not limited
to prerecorded or live music or sounds, are prohibited.
(13)
There shall be no more than a total of two Cannabis Retailer
facilities in the Borough of Merchantville.
[Added 6-8-2015 by Ord.
No. 2015-06; amended 9-24-2018 by Ord. No. 18-11]
The following uses are expressly prohibited in the B-1 Zoning
District:
A.
Tattooing, body piercing, retail service businesses whose service
includes any type of massage (excepting yoga studios, certified ayurvedic
healing operations and physical therapy uses which are expressly permitted
in the B-1 Zoning District), establishments that show film or video
of any kind, pool, billiards or bingo, boarding homes and community
residential homes.
[Added 4-28-2003 by Ord.
No. 03-04; amended 9-24-2018 by Ord. No. 18-11]
Permitted principal uses in the Maple Avenue Redevelopment Zone
shall be the same as the B-1 Central Business Zoning District, with
the exception of convenience stores and senior citizen multifamily
buildings, which are prohibited.
[Added 6-8-2015 by Ord.
No. 2015-06; amended 9-24-2018 by Ord. No. 18-11]
The purpose of this section is to set forth the requirements
and procedures applicable to conditional uses in accordance with N.J.S.A.
40:55D-67. A conditional use shall not be approved for any site unless
the use is specifically approved as a conditional use in the zone
for which it is proposed by the Planning/Zoning Board. The following
conditional uses shall be permitted in the Maple Avenue Redevelopment
Zone as follows:
A.
Tattooing and body piercing establishments.
B.
Retail and/or wholesale sales businesses whose sales include any
type of firearm, including, but not limited to, handguns, rifles,
ammunition and the like.
C.
Retail service businesses whose services include any type of massage
(excepting yoga studios and certified ayurvedic healing operations
which are permitted uses in the Maple Avenue Redevelopment Zone within
the B-1 Zoning District.
D.
All conditional uses as required by the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., subject to any and all conditions set forth therein.
E.
The Planning/Zoning Board shall not approve any conditional use application for any use under Subsections A through D unless the following general conditions have been met:
(1)
Such use is not within 1,000 feet of any property used for school
purposes or which is owned by or leased to any elementary or secondary
school or school board.
(2)
Notice of the application has been given, and publication made,
pursuant to N.J.S.A. 40:55D-12.
(4)
A site plan application has been made for the lot, the Planning/Zoning
Board has approved such conditional use, and the requirements and
conditions of site plan/conditional use approval have been met.
(5)
Off-street parking shall be provided as required by §§ 94-52, 94-52.1 and 94-53 and the parking required for the proposed conditional use is located on the lot for which the application is made, or on a contiguous lot which must be subject to a covenant running with the land reserving that parking for the proposed conditional use.
(6)
Such use is located on the ground floor only.
(8)
The proposed use shall be so located and of such size and character
that, in general, it shall be in harmony with the existing development
in the general area in which it is proposed to be situated, particularly
if it is located in the Historic District, and shall be free of nuisance
characteristics.
(9)
If any signs are to be located upon the lot, the requirements of Article X, Signs, have been met.
(10)
In addition to the above, in the event that any use is located
directly adjacent to a residential use or zone:
(a)
The location, size, activity, site layout, street access, pedestrian
and vehicular movement and possible assembly of people shall be harmonious
with that residential use or zone.
(b)
The location and height of buildings, fences and landscaping
shall not discourage the appropriate development and use or materially
affect property values of the adjacent residential land or buildings.
F.
Any kind of manufacturing, fabricating, altering, finishing or assembling,
including licensed, except as necessarily incidental to a retail trade
or service use, provided the following conditions are met:
(1)
Notice of the application has been given, and publication made,
pursuant to N.J.S.A. 40:55D-12.
(2)
The proposed use shall be so located and of such size and character
that, in general, it shall be in harmony with the existing development
in the general area in which it is proposed to be situated, particularly
if it is located in the Historic District, and shall be free of nuisance
characteristics detectable to normal senses beyond the boundaries
of the property (including noise, vibration, dust, odor and sanitation).
(3)
In addition to the above, in the event that any use is located
directly adjacent to a residential use or zone:
(a)
The location, size, activity, site layout, street access, pedestrian
and vehicular movement and possible assembly of people shall be harmonious
with that residential use or zone.
(b)
The location and height of buildings, fences and landscaping
shall not discourage the appropriate development and use or materially
affect property values of the adjacent residential land or buildings.
[Added 5-23-2016 by Ord.
No. 16-03]
A.
Permitted principal uses are intended to have active facades on the
ground floor. Therefore, permitted principal uses shall be as follows:
(1)
Retail sales of goods and services;
(2)
Travel agencies, real estate offices, and opticians;
(3)
Offices and professional offices on upper floors (other than those listed in § 94-33.5A(2) above);
(5)
Banks and other similar financial institutions;
(6)
Art studios, displays and/or galleries for artistic endeavors
and production, including painting, sculpting, ceramics, jewelry,
glass blowing, photography, handmade furniture, and similar activities;
(7)
Dinner theaters, community theaters, and similar uses;
(8)
Indoor cultural and historic displays of artifacts and/or artistic
media, such as museums and galleries;
(9)
Physical fitness centers, martial arts studios, dance studios,
and similar uses;
(10)
Child-care centers, primary education facilities, secondary
education facilities on upper floors;
(11)
Postsecondary education facilities (including colleges, technical
training schools, community colleges, nursing schools and classes
for same) on upper floors;
(12)
Pedestrian plazas, piazzas, courtyards and similar uses.
B.
This section shall not apply to the two properties in the Downtown
Redevelopment Zone that are located on Maple Avenue (Block 33, Lots
12, 13) that follow the underlying base zoning.
[Added 5-23-2016 by Ord.
No. 16-03]
Conditional uses shall be as follows:
A.
Residential dwelling units on upper floors, provided the following
conditions are met:
(1)
The minimum indoor living space area shall be 600 square feet
per unit; and
(2)
There shall be a mix of studio, one-bedroom, and two-bedroom
units; and
(3)
Private useable outdoor living space (i.e., outdoor balcony
or patio).
(4)
If a residential dwelling unit will be counted towards meeting
the Borough's affordable housing obligation, one or more of these
conditions may be waived.
B.
Single-family attached dwellings (townhouses) and semidetached dwellings
(twins), provided the following conditions are met:
(1)
Located along East Chestnut Avenue; and
(2)
Front door entrance shall face the multiuse path; and
(3)
The minimum lot area of 1,500 square feet; and
(4)
Minimum lot width of 20 feet; and
(5)
Minimum front yard setback of five feet from Block 61, Lot 4;
and
(6)
Minimum side yard setback for each end unit of five feet; and
(7)
Minimum rear yard setback of 10 feet; and
(8)
Private rear yard of 200 square feet minimum.
D.
Structured parking garage, provided the following conditions are
met:
(1)
The street level of the parking garage facing Park Avenue and
Centre Street is occupied with permitted uses to maintain street level
activity; and
(2)
The street level of the parking garage facing East Chestnut
Avenue is landscaped to soften the visual impact of the parking garage
on the users of the multiuse path and the visual impact on the residential
houses on the north side of East Chestnut Avenue.
E.
Bed-and-breakfast, which provides overnight lodging and serves breakfast
to guests, provided the following conditions are met:
(1)
The owner or primary operator resides on the premises; and
(2)
Occupancy by guests shall be limited to no more than 10 consecutive
days; and
(3)
Each bedroom and/or suite has a private bathroom facility; and
(4)
Located along East Chestnut Avenue in a detached building with
at least one front door entrance facing the multiuse path; or
(5)
Located in the former PNC Bank building located on Block 29,
Lot 2.
F.
Bowling alleys, billiards, and electronic or mechanical games, provided
the following condition is met:
(1)
There is a full-service restaurant on the premises, where 30%
or more of the total volume of sales for the business is food and
beverage served to the public for consumption on the premises. A "full-service
restaurant" in this context is defined as a food and beverage establishment
with a broad menu and a wait staff providing table service.
G.
The following conditional uses, listed together for efficiency purposes,
have the same conditions:
(1)
Offices and professional offices on the street level, other than those listed in § 94-33.5A(2) above;
(2)
Child-care centers, primary education facilities, and secondary
education facilities on the street level;
(3)
Postsecondary education facilities (including colleges, technical
training schools, and community colleges, nursing schools and classes
for same) on the street level;
(4)
Conference centers, meeting space, and banquet facilities; provided
the following conditions are met:
(a)
Located along East Chestnut Avenue, with at least one front
door entrance facing the multiuse path; or
(b)
Located in the former PNC Bank building on Block 29, Lot 2;
or
(c)
Located in the existing office building on Block 29, Lot 16;
or
(d)
Located elsewhere on the street level, provided the portion
of the building facade facing a public right-of-way or pedestrian-oriented
civic area is occupied with a permitted use.
H.
Nothing in this section eliminates the applicant's responsibility
for meeting all other requirements of the land development ordinances,
including site plan review standards and performance assurances.
[Added 5-23-2016 by Ord.
No. 16-03]
Prohibited uses shall be as follows:
A.
Tattooing; body piercing;
B.
Retail service businesses whose service includes any type of massage
(excepting yoga studios, physical therapy uses, and certified ayurvedic
healing operations that are licensed and regulated by the New Jersey
Board of Massage and Body Work, pursuant to the provisions of N.J.S.A.
45:11-53 et seq. and 45:11-68 et seq., which are expressly permitted
in this district);
C.
Boarding homes and community residential homes;
D.
Gas stations;
E.
Self-storage facilities;
F.
Automobile sales, service, repair;
G.
Detached single-family dwellings;
H.
Industrial uses;
I.
"Sexually oriented businesses," as that term is defined in N.J.S.A.
2C:33-12.2;
J.
Retail and/or wholesale businesses whose sales include any type of
firearm, including, but not limited to, handguns, rifles, ammunition,
and the like.
B.
There shall be no front yard required. However, in no case shall
a building be erected or constructed within twelve (12) feet of the
curbline of any street as now established and existing at the date
of the passage of this chapter, and eighteen (18) feet of the curbline
on either the north or south side of Maple Avenue as now established
and existing as of the effective date of this chapter, and including
the east and west sides of South Centre Street from Maple Avenue South
to the borough line.
C.
For properties situated on the east side of Centre Street between
Maple Avenue and Park Avenue, the minimum rear yard requirement shall
be three (3) feet.
D.
Where a building extends through from street to street, it may occupy
the entire distance from property line to property line of each street
on which the lot abuts, and provided that other that the front yard
restriction shall be observed on both streets.
E.
There shall
be a minimum required building setback of five feet from the property
line of Block 61, Lot 4, in the Downtown Redevelopment Zone ( formerly
Town Centre East Redevelopment Zone).
[Added 5-23-2016 by Ord. No. 16-03]
Permitted accessory uses and buildings include parking and loading
areas, enclosed trash and recycling dumpsters and bins and accessory
buildings for storage. Outdoor storage shall not be permitted. Accessory
buildings shall be limited in size based on the size of the principal
building, and they shall not exceed twenty-five percent (25%) of the
building coverage of the principal building.
[Amended 10-13-2004 by Ord. No. 04-19]
The provisions set forth for the Historic District in Article
VIIIB of this chapter shall apply to the B-1 District in its entirety.
[Added 5-23-2016 by Ord.
No. 16-03]
A.
Building placement. Placement of buildings shall reinforce pedestrian
character and enhance street level activity.
B.
Building orientation. Front facades of buildings shall be oriented,
and shall relate both functionally and visually, towards streets and
pedestrian-oriented civic areas. All first-impression entrances abutting
the public right-of-way to the piazza or pedestrian promenade shall
be accentuated with distinctive architectural features.
 |
C.
Building materials.
(1)
Permitted materials. The following primary building facade materials
are permitted up to 100% of the building facade: brick, natural stone
masonry, horizontal wood or cementitious clapboard. The following
secondary or facade materials are permitted up to 50% of the building
facade: vinyl or aluminum siding on upper floors, and smooth or subtle
textured stucco. The following accent materials are permitted up to
15% of the building facade: tiles, metal (for beams, lintels, trim
elements, ornaments). A variety of buildings using a variety of building
materials is desired.
(2)
Prohibited materials. The following building facade materials
are prohibited: concrete block, faux-etched brick or textured stucco
that mimics the rectangular pattern of brick masonry, highly textured
stucco surfaces, glass block, mirror or metalized reflective glass,
plywood, or unfinished wood. Materials that are inconsistent with
the chosen architectural style are inappropriate, i.e., a Victorian-style
building that utilizes textured stucco.
D.
Walls and windows.
(1)
Street level requirements. Ground floor front facades shall
comprise a minimum of 50% clear window area, with windows providing
views of display areas of the inside of the building. These ground
floor windows shall begin between 12 inches to 24 inches above ground
level and shall end below 86 inches above ground level.
(2)
Prohibited. Smoked, reflective, or black glass in windows is
prohibited.
(3)
Architectural treatments required. Walls or portions of walls
where windows are not provided shall have architectural treatments
designed to break up the bulk of the wall, including at least four
of the following treatments: concrete or masonry plinth at the base
of the wall; belt courses of a different texture or color; projecting
cornice; projecting metal canopy; decorative tilework; trellis containing
planting; medallions; sign band; artwork; vertical/horizontal articulation
of the facade; lighting fixtures; awnings; overhangs; or a similar
architectural element not listed above.
 |
(4)
Blank walls prohibited. Blank walls shall not be permitted along
any exterior which are highly visible from a street or pedestrian-oriented
civic area (i.e., piazza or pedestrian promenade). Sides or rear facades
of buildings that are visible to a parking lot or the street shall
comprise a minimum of 25% window area, with windows interspersed across
the facade. Rear and side facades shall have colors and materials
that are similar to the front facade.
E.
Building mass and human scale.
(1)
Human scale. Building facades should provide architectural elements
and proportion that relate to the human scale of the desired pedestrian
environment of the downtown.
(2)
Large buildings. Large buildings shall be divided by architectural
features into distinct modules, such as 20 feet to 25 feet (the typical
width of a single storefront), to give the appearance of a collection
of smaller buildings and additions. A large, monotonous building mass
is prohibited. Features shall be used to break down the scale of a
building and add architectural interest, including, but not limited
to, vertical and horizontal articulation, first floor windows and
awnings, etc. See architectural treatments required above.[1]
 |
(3)
Long continuous facade prohibited. Buildings must have at least
a two-foot break in depth in all front facades for every 55 feet of
continuous facade. Such breaks may be met through the use of porches,
porticos, building extensions, building recesses, balconies, towers,
and other architectural treatments.
F.
Roofs.
(1)
Screen utilities. Buildings shall use parapets or minimum pitch
of 6:12 roof styles to conceal flat roofs, elevator and stair shafts,
large vents, and rooftop equipment, such as HVAC units, along all
roof edges.
(2)
Roof design. It is not appropriate to use a roof size, shape,
or slope that is not typically seen in the downtown. However, flat
roofs with a false mansard style shall not be replicated.
G.
Loading and utilitarian needs.
(1)
Location. Loading doors, service doors, and loading areas shall
not be located in any facade facing a street.
(2)
Screening. All loading docks and permanent outdoor solid waste
receptacles shall be screened by a fence, brick wall, landscaping,
and/or a combination thereof. In no case shall the solid waste receptacle
be visible.
(3)
Common service area. When multiple commercial uses are planned,
loading and delivery receivable areas shall be consolidated into common
service areas located to the side or rear of the buildings.
(4)
Hours of truck deliveries. There shall be no truck deliveries
between the hours of 10:00 p.m. and 7:00 a.m. within 50 feet of a
residential use.
H.
Surface parking lots.
(1)
Buffer requirements. Parking lots visible from a street or the
multiuse path shall have a landscape buffer for the purpose of shielding
headlights. The maximum shrub height is 3 1/2 feet.
(2)
Location. Surface parking shall not be located in front of a
building (i.e., no suburban-style parking lots). Parking shall be
located to the side and rear of buildings.
(3)
Cross easements. Each lot shall have cross access easements
for its parking areas and access driveways guaranteeing access to
adjacent lots within the redevelopment area. Interconnections shall
be logically placed and easily identifiable to ensure convenient traffic
flow.
I.
Structured parking garage.
(1)
First floor design requirements. If a structured parking garage
is planned in the redevelopment area, it shall be permitted where
at least 70% of the first floor street elevation of the structured
parking facility is occupied with permitted uses facing the street.
It shall have design treatments, such as colonnades, awnings, landscaping,
street furniture, and other public amenities, to create the appearance
of an occupied building. Blank walls are not permitted.
(2)
Upper floor design requirements. Cars shall be generally visually
screened from the street through features, such as grills, lattices,
mock windows, louvers, false facades, etc. Such screening shall be
in keeping with the rest of the building's architectural style and
materials.
J.
Piazza/pedestrian promenade area (a.k.a. "pedestrian oriented civic
area").
(1)
Focal point of redevelopment area. It is envisioned that a pedestrian-oriented
civic area will be the central organizing feature of the redevelopment
area to create a vibrant central social district. It shall be designed
for multiseason, multifunctional semipublic space with restaurant
outdoor seating as a focal point within the redevelopment area, predominantly
surrounded by the front facades of buildings. It should be versatile
to provide outdoor dining, as well as usable space for community events.
(2)
Public access. Public access shall be guaranteed to the pedestrian-oriented
civic area through a deed restriction, public access easement, or
other means acceptable to the municipal governing body and shall be
recorded prior to occupancy. Public access to the pedestrian-oriented
civic area shall be as easy and straightforward as possible.
(3)
Size. The pedestrian-oriented civic area should be in the order
of 10,000 feet to 12,000 square feet.
(4)
Design amenities. The pedestrian-oriented civic area shall include
a defining central element, such as a dancing fountain (a.k.a. "splash
pad" that has a traversable hard surface when not used in season),
outdoor stage, or other approved amenity that is intended to be a
focal point and to draw people into the civic area. Traditional fountains
with limited seasonal use shall not be permitted as a focal point
design amenity in the civic area. The civic area shall also be improved
with a variety of other amenities to provide visual interest to the
pedestrian and to draw people into the civic space, such as sculptures
and public art, decorative cafe-style lights, trellises, and/or other
features that help to provide a sense of place. The civic area shall
also include amenities to provide comfort and safety, such as shade
trees, pedestrian-scale lighting, accent lighting, and benches. Decorative
bollards shall be installed at the entrance of the pedestrian-oriented
civic area along East Park Avenue for pedestrian safety. These improvements
shall be provided in locations and amounts that are acceptable to
the Joint Land Use Board. If the Borough is intended to take ownership
and/or maintenance responsibilities of these design amenities, Borough
Council approval shall also be required.
(5)
Surface materials: Approximately 10% of the pedestrian-oriented
civic area shall be landscaped with trees, shrubs, and decorative
landscape planters or plantings with year-round interest. All pedestrian
spaces shall incorporate special paving, such as colored/stained and
sealed concrete, stamped concrete, stone blend mixture, brick or other
unit paver, slate, or similar high quality materials.
(6)
Vehicular traffic prohibited. The pedestrian-oriented civic
area shall not be used for parking, loading, or vehicular access,
during business hours, except emergency and maintenance vehicular
access.
K.
Outdoor dining standards.
(1)
Pedestrian safety. Outdoor dining space shall not impede pedestrian
traffic flow. A minimum unobstructed pathway of three feet shall be
maintained around the outdoor seating area. There shall be adequate
space to ensure handicapped accessibility and to permit the movement
of patrons and wait staff.
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(2)
Furniture. Table and chairs shall not be plastic. All chairs
within an establishment's seating area must match each other by being
similar design, construction, and color. Umbrellas shall not have
advertising on them, except for the name or logo of the establishment.
(3)
Dining barriers. Dining barriers are not required to define
a restaurant establishment's outdoor dining space. However, if they
are utilized, they shall meet the following standards.
(a)
Material. Dining barriers can be either metal decorative fences
or landscaped planters. No chain-link fences, cyclone fencing, or
chicken wire is permitted. No solid barriers are permitted. Barriers
must be freestanding without any permanent attachment to buildings,
sidewalks, or infrastructure, unless located on private property.
Decorative fences must be a dark color metal (aluminum, steel, iron,
or similar).
(b)
Height. Dining barriers must be a minimum of three feet high,
but no higher than four feet high. All dining barriers must be detectable
to visually impaired pedestrians who employ a cane for guidance. For
landscaped planters, the planters may not exceed three feet above
the sidewalk and the plant material may not exceed eight feet above
the sidewalk.
(c)
Condition. All material must be kept in good condition, without
visible fading, dents, tears, rust, corrosion, or chipped, peeling
paint. All landscaped planters must have living plant materials contained
in them. Artificial plants are not permitted. Dead plants in the container
must be replaced.
L.
Sidewalks. There shall be a minimum sidewalk width of eight feet
along all street frontages with retail, restaurant, and related uses.
Sidewalks with a minimum width of five feet are required along all
street frontages with other uses. Sidewalks are required to connect
the street frontage to all front building entrances, parking areas,
plazas, and any other destination that generates pedestrian traffic.
Sidewalks shall connect to existing sidewalks on abutting tracts and
other nearby pedestrian destination points, such as the multiuse path.
M.
Lighting. Any development activity that proposes outdoor illumination
shall include a detailed outdoor illumination plan. The outdoor illumination
plan shall, at a minimum, include lighting fixture cut sheets for
all exterior lighting fixtures, such as type of unit, color of unit,
wattage of unit, lumen output of unit, the cutoff classification of
the unit, pole specification, proposed pole height (including base),
as well as a photometric (footcandle) site plan that shows typical
footcandle contours. The following standards shall be met:
(1)
Pole height. Pedestrian-pole light height shall be consistent
with the pole height of other pedestrian-oriented lights located elsewhere
in the downtown. The maximum pole height for parking lot illumination
shall be 24 feet high.
(2)
Luminaire style. The luminaire style shall reflect the traditional
early-1900s-style to coordinate with the acorn lighting fixtures that
are currently located elsewhere in the downtown.
(3)
Light levels. The minimum light level within any portion of
a property, other than single-family residential, which is intended
to be utilized by residents, employees, customers or visitors shall
be maintained at 0.50 footcandle. The recommended footcandles for
parking areas is 1.0.
(4)
Layout. The layout of outdoor lighting fixtures shall be designed
so that the poles do not interfere with other elements of the site
plan, such as trees, landscaping, or parking. In general, poles shall
be kept at least 20 feet away from the trunk of any large maturing
tree and at least 10 feet away from any small maturing tree, or the
tree's root protection zone, whichever is greater.
(5)
Minimize glare and pollution. Outdoor lighting fixtures shall
be designed to minimize glare, light trespass and light pollution,
to the extent possible, while maintaining nighttime safety and security.
N.
Street trees. A minimum of one tree for every 30 linear feet of street
frontage(s) shall be required. Trees shall be planted at regular intervals,
but the spacing may be adjusted due to the location of utility poles
and/or driveways, as approved by the Joint Land Use Board. The species
and mix of trees shall be approved by the Shade Tree Commission. The
minimum planting size shall be 2.5 inches caliper for trees, balled
and burlapped. At least 25 square feet of planting area shall be available
for each tree.
O.
Sustainability. New buildings and major renovations to existing buildings
are encouraged to meet LEED certification. LEED is an acronym for
Leadership in Energy and Environmental Design, which is a voluntary,
nationally recognized third-party certification system for green building
projects created and maintained by the U.S. Green Building Council
(USGBC). Green strategies reduce developments' impact on the environment,
provide health and productivity benefits, all well as cost savings
over time. One of the criteria established to evaluate redevelopment
proposals may include additional points for meeting LEED certification.
P.
Jurisdiction for design standard waivers. Any deviation from a design
standard shall require a waiver by the Joint Land Use Board from the
specific design standard. A waiver shall only be granted where the
benefits of granting the waiver outweigh the detriments of requiring
the standard to be implemented and where the waiver will not impair
the overall intent and purpose of the redevelopment plan. This amends
the original redevelopment plan adopted in 2004[3] that required all design changes to be approved by both
the Borough Council and the Joint Land Use Board, or their designees.
Historic Preservation Commission (HPC) review shall be in accordance
with Article VIIIB, Historic Preservation Commission, of the Zoning
Ordinance. Where both Joint Land Use Board and Historic Preservation
Commission approval is required, all reasonable efforts should be
made to hold a joint HPC and JLUB meeting in order to efficiently
review applications in the redevelopment area.
[3]
Editor's Note: See Ord. No. 04-18 on file in the Borough offices.
[Added 5-23-2016 by Ord.
No. 16-03]
The Joint Land Use Board maintains its typical jurisdiction
to grant variances from permitted uses, conditional uses, prohibited
uses, area and yard requirements, and parking standards (other than
building height) in accordance with the Municipal Land Use Law, with
one exception. Only Borough Council has jurisdiction to alter the
maximum building height. This section purposely amends the original
redevelopment plan adopted in 2004[1] that required all changes to be approved by both the Borough
Council and the Joint Land Use Board, or their designees.
[1]
Editor's Note: See Ord. No. 04-18 on file in the Borough offices.
