The purpose of this article is to set forth requirements and
procedures applicable to conditional uses in accordance with N.J.S.A.
40:55D-67. A conditional use shall not be approved on any site unless
said use is specifically permitted as a conditional use for the district
in which it is located and unless all of the applicable conditions
pursuant to this article are complied with.
An application for development under the provisions set forth herein for a conditional use shall be reviewed by the Board for compliance with both the general and specific conditions as set forth in §§ 110-86 and 110-87 below. If an application for a conditional use is determined by the Board to meet the requirements in §§ 110-86 and 110-87 below, the Board shall then be required to review and grant site plan approval, prior to granting approval as a conditional use. Where any provision of this article shall appear in conflict with any other provision of another section of this chapter, the provision of this article shall apply in place of, supplement and, where in conflict, supersede the provision set forth elsewhere.
In considering any conditional use application, the Board shall
first be required to find that the following general conditions have
been adequately addressed in the development plan, prior to granting
conditional use approval:
A.
The adequacy of preservation of existing natural resources on the
site.
B.
The provision of safe and efficient vehicular circulation, parking
and loading.
C.
The impact of vehicular traffic generated by the proposed use on
the streets in the neighborhood and the Borough generally.
D.
The provision of safe, efficient and accessible pedestrian circulation
and accessibility in and to the proposed development.
E.
The impact of pedestrian traffic generated by the proposed use on
the sidewalks in the neighborhood.
F.
The relationship of the physical, visual and spatial character of
the proposed development to the same elements of existing development
in the neighborhood and the Borough generally.
G.
The effectiveness of buffering and screening in mitigating the potential
effects of adverse impacts on adjacent and nearby properties and the
public right-of-way.
H.
The adequacy of landscaping, lighting, signage and other proposed
site improvements.
Anything in this chapter to the contrary notwithstanding, in
considering any conditional use application, the Board shall first
be required to determine that the following specific conditions for
the proposed use have been complied with prior to granting conditional
use approval:
A.
Church or any place of worship, including buildings used in connection
with religious activities; religious or nonprofit nursery schools,
day-care centers and nursing and convalescent homes; public nonprofit
private and parochial school buildings and convents; and a community
residence for the developmentally disabled or victims of domestic
violence, housing between seven and 15 persons, excluding resident
staff.
(1)
The minimum lot area shall be as follows:
(a)
Church or other place of worship: 40,000 square feet.
(b)
Religious or nonprofit nursery schools, day-care centers and
nursing and convalescent homes: 30,000 square feet.
(c)
Public, nonprofit private and parochial school buildings and
convents: 60,000 square feet.
(d)
Community residence for the developmentally disabled or victims
of domestic violence, housing more than six persons, excluding resident
staff: 20,000 square feet.
(2)
Maximum building area shall be 0.25 floor area ratio (FAR).
(3)
Maximum building coverage for primary and accessory buildings shall
be 50%.
(4)
Maximum building height shall be as specified for the district.
(5)
There shall be no parking in the front yard area nor within 10 feet
of any property line.
(6)
No building shall be located within 25 feet of a street right-of-way
line nor within 15 feet of a side or rear property line, unless greater
setbacks are specified for the district.
(7)
No active recreation area associated with the use shall be located
within 25 feet of a property line nor within the front yard.
(8)
All recreation and parking areas shall be buffered and screened from view from all property lines with landscaping in accordance with Article 44 of this chapter.
(9)
There shall be no outdoor activities after 10:00 p.m.
(10)
No exterior lighting shall be allowed, except that required
for security. Light levels shall be reduced in intensity or turned
off after 11:00 p.m.
(11)
A church or other place of worship may include a residence for
clergy or maintenance superintendent on the premises, provided that
the minimum required lot area shall be increased by an additional
5,000 square feet to 45,000 square feet.
B.
Dry-cleaning establishments. No establishment that performs dry-cleaning
work on-premises shall utilize or store any hazardous or toxic chemicals
on the premises such as to pose any risk to public health or the environment.
Operating procedures, equipment and facilities shall ensure that hazardous
or toxic conditions shall not develop either on or off the premises.
D.
Religious affiliated office or counseling center.
E.
Two-family detached dwellings.
F.
Gasoline service station.
(1)
The lot or parcel of land to be used shall have a minimum lot width
at street line of 100 feet and a minimum average lot depth of 100
feet.
(2)
Fuel pumps shall be set back a minimum of 50 feet from all side and
rear property lines and a minimum of 25 feet from all street right-of-way
lines.
(3)
Corner lots shall have a minimum curb radius of 25 feet and driveway
openings shall not be located within 25 feet of curb radius tangent
points.
(4)
There shall be no more than two driveway entrances located on each
street frontage. Such driveway entrances shall be separated from each
other by a minimum distance of 60 feet. A driveway entrance shall
be located a minimum distance of 25 feet from any side or rear property
line.
(5)
All open space areas shall be extensively and intensively landscaped
with trees, shrubs and other suitable plant materials in order to
screen fuel pump islands, service areas and parked motor vehicles.
(6)
No motor vehicle repairs shall take place on the premises, either
indoors or outdoors.
(7)
There shall be no outdoor storage of motor vehicles, supplies, materials
or automotive parts, whether for sale, repair, storage or waste disposal.
(8)
All fuel storage tanks shall be installed below ground level and
shall be located a minimum of 50 feet from any property line. Where
the possibility of contamination of soil or underground water resources
exists, the Board may require ample precautions against leakage and
seepage.
(9)
The Board may impose such conditions and safeguards as it deems appropriate
with respect to, among other matters, traffic safety and aesthetics,
considering the location and configuration of the lot in question.
(10)
No such use shall be located on a lot having any of its lot
lines located within 1,000 feet of a lot containing a school, church,
hospital, nursery school, day-care center, nursing or convalescent
home, library, public building, residential use or residential district
or within 500 feet of a similar type use.
G.
Townhouses.
[Amended 1-4-1993 by Ord.
No. 93-26]
(1)
The tract shall be located in the B-4 General Business District and
shall have frontage on Essex, Durham, Central or Middlesex Avenues.
(2)
The tract shall have a minimum area of one acre.
(3)
The tract shall have a minimum lot width at the front yard setback
line of 125 feet.
(4)
The tract shall be adjacent to a lot containing an existing townhouse
and/or apartment use and shall have a minimum of 200 feet of side
and/or rear lot lines abutting such existing adjacent use.
H.
Automobile washing establishments.
(1)
No lot abutting a residential district or use shall be used for an
automobile washing establishment.
(2)
The minimum lot area shall be 25,000 square feet.
(3)
The minimum lot depth shall be 250 feet.
(4)
The minimum lot width at front setback shall be 100 feet.
(5)
The building shall be set back a minimum of 100 feet from all street
lines.
(6)
A ten-foot-wide stacking lane shall be provided for each washing
bay, and such lane shall have a minimum stacking capacity for 10 vehicles.
(7)
A one-way vehicular circulation system shall be provided on the site.
(8)
Driveways and lanes shall be separated so that vehicles awaiting
service or parked at vacuum cleaners shall not block exiting vehicles.
(9)
Water used for car washing shall be cleaned and recirculated for
use on the site.
(10)
All open space areas shall be extensively and intensively landscaped
with trees, shrubs and other suitable plant materials in order to
screen views of vehicles that are stacked in lanes awaiting service,
being dried, vacuumed or otherwise serviced.
I.
Automotive repair establishments.
(1)
Minimum lot width at front setback shall be 100 feet.
(2)
Minimum lot depth shall be 100 feet.
(3)
Such use shall not abut any residential district or use.
(4)
Corner lots shall have a minimum curb radius of 25 feet, and driveway
openings shall not be located within 25 feet of radius tangent points.
(5)
There shall be no more than two driveway openings located along any
street frontage. Driveway openings shall be separated from each other
by a minimum distance of 60 feet. No driveway opening shall be located
closer than 25 feet to any side property line.
(6)
All open space areas shall be extensively and intensively landscaped
with trees, shrubs and other suitable plant materials in order to
screen views of vehicles, whether parked or being repaired, and all
service areas.
(7)
Repair work, other than occasional incidental minor repairs, shall
take place entirely within the building, and all repair or service
apparatus or equipment shall be located entirely within the building.
(8)
Floor drains shall not be connected to any sanitary or storm sewer
system.
(9)
A maximum of five motor vehicles may be parked overnight on the premises,
including service vehicles, exclusive of vehicles parked inside the
building.
(10)
There shall be no outdoor storage of automotive supplies, materials
or parts, whether for sale, storage or waste disposal.
(11)
The Board may impose such conditions and safeguards as it deems
appropriate with respect to, among other matters, traffic safety and
aesthetics, considering the location and configuration of the lot
in question.
(12)
No such use shall be located on a lot having any of its lot
lines located within 500 feet of a lot containing a school, church,
Borough-operated public facility or within 150 feet of any residential
use or district.
[Amended 1-4-1993 by Ord.
No. 93-26]
J.
Drive-in banks.
[Amended 12-2-2002 by Ord. No. 2002-18]
(1)
A total of five vehicle-stacking spaces shall be provided for each
drive-in window, with a minimum of three such spaces located in a
separate ten-foot-wide lane for each individual window.
(2)
All drive-in window-stacking lanes shall have adequate directional
signage and striping to ensure safe and efficient operation of the
facility.
(3)
Internal circulation shall be arranged such that stacked vehicles
for the drive-in window(s) shall not interfere with general vehicular
circulation or parking or pedestrian circulation on the site. Additionally,
vehicles exiting from the parking lot shall not use any drive-in window
lane as a means of egress.
(4)
Principal buildings and pedestrian walkways shall have the primary
visual orientation to the street and drive-in facilities shall maintain
a secondary visual orientation through location, setbacks, driveway,
width and architectural design treatments.
(5)
Where possible, drive-in windows shall exit onto side streets or
parking lots in which case setbacks may be reduced if a secondary
visual orientation is appropriately achieved for the drive-in facility.
If the drive-in facility is obscured from view from the primary street,
and exits to the secondary street, all setbacks may be reduced to
five feet for properties in the B-3 and B-4 zones.
(6)
The drive-in bank shall be on the same property as the banking building
with walk-in service and teller windows having not less than 1,500
square feet.
(7)
The applicant shall demonstrate by competent professional evidence
that vehicular ingress and egress and internal traffic circulation
shall be designed in accordance with engineering standards to be safe
and that no unreasonably adverse impact on adjacent thoroughfares
or intersections will result from development of the site as proposed.
K.
Light industrial uses.
(1)
No such use shall be permitted to front on Middlesex Avenue.
(2)
No structure housing such use shall be located closer than 100 feet
to Middlesex Avenue.
(3)
Any building or lot used for light industrial purposes shall be screened
from view from Route 27 (Middlesex and Essex Avenues) and Route I-287
with extensive landscaping consisting of earth berms, evergreen shrubs
and evergreen and deciduous trees.
(4)
No such use shall be located closer than 200 feet to any residential
district or use.
(5)
Outdoor storage of goods, materials, equipment and supplies shall
not be permitted.
L.
Outdoor storage (of goods, materials, equipment and supplies or trucks,
tractors or buses as an accessory use to a permitted principal use);
lumberyards and building material storage yards.
(1)
No such use shall be located closer than 200 feet to any residential
district or use.
(2)
Outdoor storage shall be buffered by a screen determined by the Board
to be constructed of suitable visually impervious materials and to
be of sufficient height so that the stored goods, materials, equipment
and supplies are not visible from 100 feet distant from any of the
tract boundary lines at the average eye level of a six-foot-tall person.
(3)
Where trucks, tractors, buses and other similar type motor vehicles are stored on property abutting a residential district or adjoining a street which is a boundary between industrial and residential districts, the same screening requirements as set forth in Subsection L(2) above shall apply.
(4)
The screening required in this subsection shall be permanently maintained
by the property owner to achieve the screening effect as set forth
in this subsection.
M.
Machine shops.
(1)
No such use shall be located within 200 feet of a residential district
or use.
(2)
Structures housing such uses shall be constructed or renovated with
suitable materials to absorb the emission of objectionable noise and
vibrations.
(3)
Such use shall be buffered at all property lines by such a screen
determined by the Board to be of suitable construction and materials
and to be of sufficient height and materials in order to absorb the
emission of objectionable noise.
N.
Drive-in restaurants and other drive-in and fast service businesses.
(1)
There shall be a minimum of two one-way access driveways. The minimum
distance between the center lines of such driveways shall be 125 feet.
(2)
Internal circulation shall be such that stacked vehicles for the
drive-in window(s) shall not interfere with general vehicular circulation
and parking or pedestrian circulation on the site. Additionally, vehicles
exiting from the parking lot shall not be required to use a drive-in
window lane as a means of egress.
(3)
A separate ten-foot-wide lane shall be provided for each drive-in
window with a minimum stacking capacity of five vehicles. In combination,
all drive-in window stacking lanes shall provide adequate storage
of 10 stacked vehicles for each drive-in window. Drive-in window stacking
lanes shall not be located in parking aisles, nor shall they, in any
manner, interfere with vehicles entering or exiting the site. All
drive-in window stacking lanes shall have adequate directional signage
and striping to ensure the safe and efficient operation of the facility.
(4)
No drive-in window shall be located within 50 feet of the street
right-of-way line from which vehicles using the drive-in window will
enter or exit.
(5)
The perimeter of the site shall be fenced and/or landscaped in a
manner that will prevent litter from being blown across property lines.
(6)
Trash receptacles of an attractive design shall be provided around
outdoor eating areas, along pedestrian walkways and at points of egress
from the site.
(7)
Outdoor eating areas shall be clearly delineated with curbing, shall
be attractively landscaped and shall be so located that patrons can
walk directly from the building to the eating area without crossing
a driveway or parking lot.
O.
Used automobile dealerships; private parking facilities.
(1)
Outdoor parking, display or storage of motor vehicles shall be screened
by a buffer of suitable construction and material or by a landscape
screen as approved by the Board to be of sufficient height such that
motor vehicles are screened from view from all lot lines.
(2)
Applicants shall be required to plant shade trees in motor vehicle
parking, display or storage areas at a ratio of one tree for every
five automobiles.
Q.
Dance halls and discotheques.
(1)
Food may be prepared and/or dispensed as an accessory use to a principal
use as a dance hall or discotheque, provided that the area devoted
to the storage, preparation, service and consumption shall not exceed
25% of the gross floor area of the establishment and such use complies
with all other applicable Borough ordinances.
(2)
Beverages may be prepared and/or dispensed as an accessory use to
a principal use as a dance hall or discotheque, provided that the
area devoted to the storage, preparation, service and consumption
shall not exceed 75% of the gross floor area of the establishment
and such use complies with all other applicable Borough ordinances.
(3)
Building windows shall not be boarded up, shuttered or otherwise
covered. Privacy shall instead be provided from the interior of the
building.
(4)
Signs shall be limited to one sign, not to exceed three square feet
in area. No other signs or advertising shall be permitted on the premises.
(5)
No such use shall be located on a lot having any of its lot lines
located within 1,000 feet of a lot containing a school, community
or civic use, church, library, public building or use nor within 1,000
feet of any residential use or residential district or within 500
feet of a similar type use.
R.
Go-go dancing establishments and cabarets.
(1)
Food may be prepared and/or dispensed as an accessory use to a principal
use as a go-go dancing establishment or cabaret, provided that the
area devoted to the storage, preparation, service and consumption
of such shall not exceed 25% of the gross floor area of the establishment
and such use complies with all other applicable Borough ordinances.
(2)
Beverages may be prepared and/or dispensed as an accessory use to
a principal use as a go-go dancing establishment or cabaret, provided
that the area devoted to the storage, preparation, service and consumption
of such shall not exceed 75% of the gross floor area of the establishment
and such use complies with all other applicable Borough ordinances.
(3)
Building windows shall not be boarded up, shuttered or otherwise
covered. Privacy shall instead be provided from the interior of the
building.
(4)
Signs shall be limited to one sign, not to exceed 24 square inches
in area, mounted on each customer entrance barring admittance to persons
under the age of 18 and one sign, not to exceed three square feet
in area, containing either the words "Go-Go Dancing" or "Cabaret."
No other signs or advertising shall be permitted on the premises.
(5)
No such use shall be located on a lot having any of its lot lines
located within 1,000 feet of a lot containing a school, church, Borough-operated
facility, any residential use or district or within 500 feet of a
similar type use.
S.
Artist's body painting studios, tattoo shops, modeling studios and
massage parlors.
(1)
Building windows shall not be boarded up, shuttered or otherwise
covered. Privacy shall instead be provided from the interior of the
building.
(2)
Signs shall be limited to one sign, not to exceed 24 square inches
in area, mounted on each customer entrance barring admittance to persons
under the age of 18 and one sign, not to exceed three square feet
in area, containing either the words "Artist's Body Painting Studio,"
"Tattoo Shop," "Modeling Studio" or "Massage Parlor." No other signs
or advertising shall be permitted on the premises.
(3)
No such use shall be located on a lot having any of its lot lines
located within 1,000 feet of a lot containing a school, church, Borough
operated public facility, any residential use or district or within
500 feet of a similar type use.
T.
Adult bookstores, adult gift shops and adult motion-picture theaters.
(1)
Building windows shall not be boarded up, shuttered or otherwise
covered. Privacy shall instead be provided from the interior of the
building.
(2)
Signs shall be limited to one sign, not to exceed two square feet,
mounted at each customer entrance barring admittance to persons under
the age of 18 and one sign, not to exceed three square feet in area,
containing either the words "Adult Books," "Adult Gifts" or "Adult
Motion Pictures." No other signs or advertising shall be permitted
on the premises.
(3)
No such use shall be located on a lot having any of its lot lines
located within 1,000 feet of a lot containing a school, church, Borough-operated
public facility, any residential use or district or within 500 feet
of a similar type use.
U.
Offices and apartments.
(1)
Permitted office uses shall not include medical, dental, veterinary
and clinic uses.
(2)
A maximum of two apartments shall be permitted in a principal building.[3]
[3]
Editor's Note: Former Subsection U(3), regarding existing
principal buildings, which subsection immediately followed this subsection,
was repealed 12-2-2002 by Ord. No. 2002-18. This ordinance also renumbered
former Subsection U(4) as U(3).
(3)
All buildings, including renovations or additions thereto, used pursuant to this subsection shall be designed to have the exterior appearance of a single-family detached dwelling, except for permitted signage, pursuant to Article 48 of this chapter. The architectural style, materials, colors and details of existing buildings on adjacent and nearby lots shall be incorporated into the design of any new building or renovation or addition to an existing building. No external stairs or fire escapes shall be permitted where visible from a public street or sidewalk.
V.
Senior citizen shared living residences.
[Added 3-4-1991 by Ord.
No. 91-3]
(1)
The tract shall have a minimum lot area of 7,500 square feet. Any addition to an existing structure with nonconforming setbacks shall comply with § 110-108.
(2)
The residential structure to be occupied for this purpose, following
any proposed additions, shall consist of a minimum of 2,500 square
feet.
(3)
Total occupancy of the structure shall not exceed six residents,
each of whom shall be at least 55 years of age, plus one housekeeper
(with or without spouse), who shall live within the same structure
in a separated dwelling unit, but need not meet any age restrictions.
All residents of nonhousekeeping units shall be of low or moderate
income as defined by the Fair Housing Act.[4] The nonprofit sponsor shall annually provide to the Borough
and to the Council on Affordable Housing (COAH) a certification that
the income of the residents and the amount of monthly rentals paid
continue to qualify each of the residents as eligible for Mt. Laurel
housing.
[4]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(4)
All of the senior citizens shall live together as a single housekeeping
unit, sharing meals and social activities, while enjoying the privacy
of separate sleeping areas.
(5)
Each structure used or constructed for this purpose shall have a minimum of four and a maximum of six bedrooms (other than the separate housekeeping unit) and shall maintain the appearance of a single-family residence. Each bedroom shall have a single occupant, except that double occupancy shall be allowed for related persons, spouses, sisters or brothers. Off-street parking shall be provided, absent a grant of a waiver, as a quasi-residential use in accordance with § 110-154B.
(6)
To the extent permitted by controlling law, the nonprofit sponsor
shall give preference to individuals who either work or reside in
the Borough for at least 50% of the affordable housing units contained
in the structure. Each senior citizen shared residence shall be operated
by a nonprofit entity which shall be eligible to receive governmental
and charitable grants designed to allow the nonhousekeeping units
to remain affordable to those of low and moderate income as defined
by the Fair Housing Act.
(7)
The entity operating the senior citizen shared living residence shall
be qualified, prior to occupancy for these purposes, as a tax-exempt
entity pursuant to 26 U.S.C. § 501(c)(3) and shall be an
entity eligible to enter into an agreement in lieu of taxes with the
Borough, subject to the subsequent approval of the Mayor and Council.
(8)
The prescribed conditional use shall require an approved zoning permit
issued by the Zoning Officer and a conditional use approval by the
Planning Board, prior to the commencement of occupancy, but shall
not require a fully detailed site plan submission to the Planning
Board, in accordance with N.J.S.A. 40:55D-37(a) and Article 13 of
this chapter, unless the Planning Board is unable to make an informed
judgment from the plans and submissions that the application will
meet the requirements of this subsection.
W.
Warehouses.
(1)
No such use shall be located within 100 feet of a residential district
or use unless there is an intervening street.
(2)
All storage shall be inside structures.
(3)
Warehouses shall not be used to store hazardous, toxic or corrosive
substances as defined by the United States Environmental Protection
Agency and/or New Jersey Department of Environmental Protection and
Energy.
[Added 6-16-1997 by Ord.
No. 97-8; amended 9-11-2023 by Ord. No. 2023-27]
X.
Wireless communications facilities.
[Added 6-16-1997 by Ord.
No. 97-8]
(1)
No such facility shall be located closer than 1,000 feet of an R-1,
R-2 or Residential District or within 500 feet of any other residential
district. This provision shall not apply to properties upon which
an existing wireless communication facility is situated. This provision
shall not apply to the portion of the LI Light Industrial District
located at the west of the Lehigh Valley Railroad and to the north
of the R-5 Overlay Residential District.
(2)
A property containing an existing wireless communication facility
may be further adapted to accommodate wireless communication facilities
by utilizing the existing wireless communication tower or removing
and replacing the existing tower with a new tower.
(3)
The maximum height of such wireless communication towers shall be
90 feet, except if more than one provider is collocated on the tower,
such tower may extend to a height of 125 feet in height.
Y.
Mixed-use neighborhoods.
[Added 7-16-2007 by Ord.
No. 2007-4]
(1)
A mixed-use neighborhood shall be a permitted conditional use. The
permitted uses within a mixed-use neighborhood shall be:
(a)
Retail shops and stores.
(b)
Service businesses.
(c)
Grocery stores with a gross floor area not less than 10,000
square feet but not exceeding 40,000 square feet.
(d)
Offices.
(e)
Financial institutions, including drive-in banks.
(f)
Eating and drinking establishments, except fast-food restaurants
and drive-in restaurants.
(g)
Apartments, except if located on the ground floor of buildings
fronting Middlesex Avenue, Lake Avenue or New Street or directly abutting
an active railroad right-of-way.
(h)
Nursery schools and day-care centers.
(i)
Dry-cleaning establishment where no dry cleaning occurs on the premises. If dry cleaning occurs on the premises, it shall be subject to § 110-87B.
(j)
Borough-operated public facilities.
(2)
Permitted accessory uses within a mixed-use neighborhood shall include:
(a)
Driveways, parking lots, loading areas and multilevel parking
facilities.
(b)
Outdoor display and sales areas associated with permitted retail
shops and stores and grocery stores.
(c)
Outdoor cafes and restaurants, including those with appropriate
licenses that serve alcoholic beverages outdoors.
(d)
Plazas, courtyards, kiosks, outdoor art exhibit space, water
features, permanent or temporary installations of public art, walkways
and alleys and other similar type of public and semipublic open spaces.
(e)
Trash enclosures, compactors and dumpsters.
(f)
Walls, fences, hedges and other landscape elements.
(g)
Utility boxes.
(h)
Other uses deemed to be permitted accessory uses.
(3)
Prohibited uses within a mixed-use neighborhood shall include:
(a)
Pharmacies and drugstores, including retail uses or grocery
stores incorporating a pharmacy within such use.
(4)
Conditions. A mixed-use neighborhood shall meet the following conditions:
(a)
A minimum of 75% of gross square feet of ground floor space
shall be dedicated to commercial uses. Structured parking shall not
count towards these area calculations.
(b)
Minimum tract area shall be five acres. For the purposes of
calculating tract area, lots separated by street rights-of-way may
be considered part of the same tract, including the area of the right-of-way
separating such lots.
(c)
Minimum frontage on Middlesex Avenue, Lake Avenue or New Street:
400 feet.
(d)
Maximum building coverage: 70% of the tract.
(e)
For mixed-use neighborhoods west of Lake Avenue, a grocery store
shall be a required use.
Z.
Sports and athletic facilities.
[Added 11-17-2008 by Ord.
No. 2008-17]
(1)
Vehicular access shall be provided from Route 27 unless such access
is precluded by dedication or acquisition of rights-of-way for interchange
improvements at the intersection of Route 27 and Route 287.
AA.
Downtown Gateway Overlay District.
[Added 8-18-2014 by Ord.
No. 2014-12; amended 6-20-2016 by Ord. No. 2016-15; 8-12-2019 by Ord. No. 2019-12; 10-24-2022 by Ord. No. 2022-19]
(1)
A Downtown Gateway Overlay District shall be a permitted conditional
use. The permitted uses within a Downtown Gateway Overlay District
shall be:
[Amended 9-11-2023 by Ord. No. 2023-27]
(a)
Supermarkets, not exceeding 50,000 square feet in gross floor
area and which may include eating, drinking and an outdoor cafe on
premises.
(b)
Retail shops and stores.
(c)
Personal service businesses.
(d)
Physical fitness studios.
(e)
Indoor amusement businesses, including arcades, virtual reality,
escape rooms, and other similar uses.
(f)
Eating and drinking establishments, except fast-food restaurants
and drive-in restaurants.
(g)
Brew pubs, distilleries and wineries.
(h)
Banks and other financial institutions, excluding drive-in banks.
(i)
Offices.
(j)
Flex space, including demonstration kitchens, event rental space,
party rental space, and other similar uses.
(k)
Nursery schools and day-care centers.
(l)
Social halls, clubs, lodges and places of public assembly.
(m)
Apartments, only if located on the north side of Middlesex Avenue
and not including any apartments located on the ground floor of a
building fronting on Middlesex Avenue or Central Avenue.
(n)
Inns and hotels.
(o)
Borough-operated public facilities.
(p)
Massage and somatic therapy establishments.
(2)
Permitted accessory uses within a Downtown Gateway Overlay District
shall include:
(a)
Driveways, parking lots, loading areas and multilevel parking
facilities.
(b)
Outdoor display and sales areas associated with permitted retail
shops and stores and supermarkets.
(c)
Outdoor cafes and restaurants, including those with appropriate
licenses that serve alcoholic beverages outdoors.
(d)
Plazas, courtyards, kiosks, outdoor art exhibit spaces, water
features, permanent or temporary installations of public art, walkways
and alleys and other similar types of public and semipublic open spaces.
(e)
Trash enclosures, compactors and dumpsters.
(f)
Walls, fences, hedges and other landscape elements.
(g)
Utility boxes.
(h)
Other uses deemed to be permitted accessory uses.
(4)
Conditions. A Downtown Gateway Overlay District shall meet the
following conditions:
(a)
Minimum tract area shall be five acres. For the purposes of
calculating tract area, lots separated by street rights-of-way may
be considered part of the same tract, including the area of the right-of-way
separating such lots.
(b)
Minimum frontage on Middlesex Avenue: 250 feet located along
both sides of the street facing one another.
(c)
A supermarket shall be a required use.
(d)
If development of the tract is proposed in multiple phases,
a phasing plan shall be provided. The phasing plan shall identify
the portions of the tract proposed for preliminary and final site
plan approval as well as any phases reserved for future development.
The required supermarket use shall be developed in the first phase.
A concept plan for the entire tract, depicting both proposed first-phase
development and illustrating one or more scenarios for potential future
phases, shall be provided.
BB.
(Reserved)
[Added 8-15-2016 by Ord.
No. 2016-19; repealed 11-7-2016 by Ord. No. 2016-27]
CC.
(Reserved)
[Added 8-15-2016 by Ord.
No. 2016-19; repealed 11-7-2016 by Ord. No. 2016-27]
