[Ord. No. 977 § 2]
The purpose of this district is to provide for business, commercial
and office uses. Within this district, no lot or building shall be
used and no building shall be erected or altered to be used, in whole
or in part, unless it complies with the regulations set forth in this
article. The following principal uses shall be permitted in this district.
A. Residential use shall be permitted only on upper stories of mixed
use buildings.
B. Stores and shops for the conduct of any retail business, excluding
drive-in and curb service establishments.
C. Personal service establishments including, but not limited to, tailor,
barber shops or beauty salons, watch repair, music and record shops,
book and stationary stores, card and gift shops, camera shops and
similar types of stores.
D. Indoor repairing and servicing of any article which is permitted
for sale in this zone.
E. Food and food service establishments, including bakeries, candy and
nut shops, specialty foods, and sandwich shops.
F. Self-service and attended laundry and retail dry cleaning services,
not including bulk processing, and in the case of dry cleaning establishments
not providing for storage of more than 110 gallons of inflammable
or toxic cleaning fluid on the premises.
G. Offices for professional services such as physicians, lawyers or
architects; small commercial offices such as realtors, insurance,
or travel agencies; small governmental offices, including post office
branches or social security; and offices incidental to uses permitted
in this section.
H. Banks, Savings and Loan Associations, and Other Fiduciary Institutions.
Drive-up facilities may be permitted, provided such facilities do
not adversely impede or conflict with the safe traffic flow required
by the principal use on-site or off-site.
All uses not listed above shall be prohibited in the Business
District, and specifically the following:
A. Outdoor coin-operated or mechanically controlled businesses including
but not limited to car washes, shooting galleries.
B. Any amusement related activity including but not limited to pool
rooms, dance halls, moving picture theaters, ice or roller skating
rinks, outdoor machine operated amusements (video machines) or bowling
alleys.
C. An operation open between 11:00 p.m. and 6:00 a.m. unless selling
food for on- or off-premises consumption.
The following accessory uses shall be permitted in the Business
District:
C. Parking lots and parking garages provided that:
1. There is no automotive service or repair.
2. The use will not adversely affect traffic in the streets abutting
the property.
D. Accessory uses and accessory buildings incidental to the above uses,
i.e. fully enclosed storage, dumpster in side or rear yard only, signs,
off-street parking and loading, and display kiosks.
E. Public utility installations subject to the following special requirements:
1. No storage of materials and trucks and no repair facilities or staging
of repair crews shall be permitted, except within completely enclosed
buildings.
2. The exterior of any structure shall be in keeping with the other
structures in the immediate neighborhood.
3. The proposed installation in a specific location must be necessary
for the satisfactory provision of service by the utility to the neighborhood
or area in which the particular use is located.
4. The design of any building in connection with such facilities must
not adversely affect the safe, comfortable enjoyment of property rights
in the surrounding area.
5. Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Code in effect at
the time of the construction.
6. Landscaping, including shrubs, trees and lawns, shall be provided
and maintained.
7. Off-street parking shall be provided as determined by the Planning
Board during site plan review.
F. Child care centers (see §
85-84).
The following conditional uses shall be permitted in the Business
District:
A. Residential in conjunction with business uses may be permitted in
the B-1 Zone with the following conditions:
1. Living or sleeping accommodations for one household in conjunction
with a permitted use on the ground floor.
2. Such accommodations shall be incidental to the business use of the
premises, shall be located within the principal building and only
available above the ground floor of the permitted business use.
3. Such accommodations are not located above business uses which by
nature of their operation can be considered detrimental to residential
living immediately above.
4. The residential portion shall have a direct and separate entrance
upon a street either directly or via an unobstructed passageway.
5. The number of parking spaces for the residential uses shall meet
the parking criteria for an office use.
6. This use shall be required to meet the bulk and area regulations in §
85-49.
B. Restaurant, excluding fast food, drive-in, and curb side, may be
permitted in the B-1 Zone with the following conditions:
1. Minimum floor area shall be 750 square feet.
2. Front yard setback shall be two feet.
3. This use shall be required to meet the bulk and area regulations in §
85-49.
C. Motor vehicle service stations may be permitted in the B-1 Zone with
the following conditions:
1. Minimum lot width including any lot side shall be 100 feet.
2. Minimum lot area shall be 10,000 square feet.
3. Minimum setback line from all street lines shall be 40 feet.
4. Minimum distance of buildings from all property lines other than
street lines shall be 10 feet.
5. Minimum distance between any access driveways and the lot line of
the following uses-church, library, school and similar uses-shall
be 200 feet, measured along the same street line in the same block.
6. Minimum distance between gasoline pump islands, compressed air connections,
and similar equipment and facilities and any street lines shall be
25 feet.
7. Spacing of Access Driveways:
a. Minimum distance from adjoining property lines shall be 10 feet.
b. Minimum distance from intersections shall be 20 feet.
c. Minimum distance between access driveways shall be 30 feet.
d. Access driveways onto State or County highways shall be approved
by the Borough Engineer and the State or County highway department.
8. Hydraulic hoists, pits, and all lubrication, greasing, washing, and
repair equipment shall be entirely enclosed within buildings.
9. Exterior lighting shall be shielded so that it is deflected away
from adjacent properties and from passing motorists.
10. The proposed use shall not be detrimental to the health, safety,
or general welfare of the Borough, and it shall not result in a depreciation
of any established property values in the general area.
11. To secure safe and efficient traffic movement patterns, the minimum
distance between structures of any service station and another service
station, or those for which a building permit has been issued: 200
feet, measured along the same street line in the same or adjoining
block. For similar use establishments located on opposite sides of
the street, the point of beginning measurement shall be offset to
the opposite street line.
12. No parking shall be permitted within the front yard setback. All
parking in the side and rear yards shall be adequately screened and
landscaped so as to obscure any stored vehicles from view at the adjoining
lot lines and the public street.
13. The premises of a motor vehicle service station shall primarily be
used for the sale of gasoline; and the use of the premises for body
work, painting, storage of wrecked or junked motor vehicles, major
motor repairs, parking of car or trucks, or the sale or rental of
any new or used motor vehicles, motorcycles, or trailers is hereby
specifically prohibited.
14. This use shall be required to meet the bulk and area regulations in §
85-49.
D. Satellite earth station antennas (see §
85-85.)
E. Home occupations including family day care homes (see §
85-83).
[Ord. No. 1116 § 1]
Any permitted and conditional use in the B-1 Zone shall only
be permitted if it complies with the following standards:
A. Parking and Service Areas.
1. Curbing or curb stops shall be provided in all off-street parking
areas and along all access-ways.
2. No parking area, access drive or aisle may be permitted closer than
five feet to any property line.
3. Off-street parking areas and access-ways thereto shall be properly
drained, and all such areas shall have a paved hard surface.
4. All off-street parking areas and access-ways shall be so arranged
that cars and trucks may be turned on the lot so that it is not necessary
to back into any roadway.
5. Common or joint driveway access and parking to the rear of sites
is encouraged.
6. Access driveways onto major thoroughfares shall be permitted only
if alternatives, including side or rear access and common or shared
single access driveways, have been considered by the Planning Board.
7. Impervious parking coverage shall be limited, to the extent possible,
by the use of parking in or under buildings, the elimination of excess
paving, grassed land bank parking, and the use of permeable surfaces
for paving where appropriate.
8. Parking areas shall be designed to minimize pedestrian and moving
vehicle conflicts. Pedestrian walkways, parking lot islands, signage
and pavement texture differentiation shall be required by the Planning
Board where appropriate to ensure the safe movement of pedestrians.
9. All parking and service areas shall be screened from the view of
adjoining residentially zoned properties and/or actual residential
use.
B. Parking Lot Extension Into Residential Zones. Any permitted use in
the B-1 Zone may be permitted to extend its parking area into an adjacent
residential zone if it complies with the following regulations:
1. No access shall be permitted to the parking area from within the
residential zone.
2. Parking area may extend a maximum of 120 feet into the residential
zone.
3. A buffer strip shall be provided between the parking area and the
residential zone. The buffer strip shall consist of a ten-foot wide
planted area and a screen fence of six feet in height. Shrubs shall
be planted five feet on center and shall be five feet in height at
the time of planting. Evergreen trees shall be six feet to eight feet
tall and deciduous trees shall have a minimum caliper of 3 1/2
inches measured six inches above the ground.
C. Off-Street Parking Location. Parking spaces may be provided either
on-site, off-site or a combination thereof.
1. All off-street parking requirements shall be provided on-site. All off-street parking shall be designed in accordance with the standards contained in Article
XV of this Ordinance.
2. Commercial parking spaces may be provided on-site, off-site or a
combination thereof.
3. Off-site parking spaces for permitted uses may be provided through
one or a combination of the following options:
a. Providing the required spaces on other properties owned in fee simple
by the commercial use, located within a zone which permits the proposed
use(s), either contiguous with or within 300 feet walking distance
of a primary pedestrian entrance to the site being developed.
b. Providing evidence that the required spaces have been leased or rented
from others within 300 feet walking distance. In such case, the space
to be leased or rented shall be properly established under the terms
of this Ordinance and the minimum term of such lease or rental shall
be consistent with the probable duration of the proposed occupancy
but not less than 20 years.
4. If off-street parking requirements are not met as provided above,
the developer must:
a. Obtain approval of a parking space variance subject to the provisions of Article
XV of this Ordinance, and
b. If a variance is granted due to demonstrated hardship or other good
cause, make a cash contribution to the Borough of Wildwood Crest for
each required space not provided in order to develop a program of
constructing public parking lots, in an amount equal to the cost of
providing the required number of off-site parking spaces, to be calculated
by the Borough Engineer.
c. Any monies which are paid to the Borough for parking spaces under
Subsection C.4.b above shall be a one-time credit against an assessment
for parking spaces if they are included within the assessment.
D. Building Design and Use.
1. The treatment of side and rear walls of any building in terms of
building materials shall be similar to the treatment of the front
facade.
2. The display of merchandise or nonpermanent uses and/or activities,
e.g. picnic areas and vending machines, placed on the exterior premises
of any building is prohibited. All solid waste not stored within a
building shall be stored within an enclosed container.
3. Buildings shall be oriented, to the extent possible, so as to maximize
the potential for the use of solar energy for heating, cooling, and
energy conservation.
4. All buildings shall have a unified architectural treatment whether
constructed as new or as an additional structure physically and aesthetically
integrated with the existing structure. The Planning Board shall consider
in its architectural review items such as materials, colors, building
setbacks, facade treatments and building height and shall encourage
the revitalization of existing structures to insure compatibility
with proposed building additions.
E. Site Design and Building Layout.
1. The site design and layout of buildings and parking areas shall be
reviewed so as to provide an aesthetically pleasing design and efficient
arrangement. Particular attention shall be given to safety and fire
protection, impact on surrounding development and contiguous and adjacent
buildings and lands.
2. To promote a desirable visual environment and to ensure good civic
design, the Planning Board in its review shall consider, but not be
limited in its consideration of, visual impacts of the proposed development,
including views and view interference, shadow effects and solar orientation,
noise impacts, and design compatibility with surrounding land uses.
F. General Design Requirements. Any development in this district which
will be used wholly or in part for business purposes shall be designed
so as to provide a comprehensive development plan for the area for
which it is a part, the goals being to control means of access and
to coordinate internal pedestrian and vehicular traffic flow relating
to existing development and architectural compatibility.
G. Facade Review. Any new facade or change in the facade of an existing
building (architecture, color and design) shall be reviewed by the
Development Review Committee and approved by the Planning Board.