[Ord. No. 77-1, § 2]
In CB districts, land and buildings may be used only for the
purposes set forth in sections 17A-304 through 17A-308.
[Ord. No. 77-1, § 2; Ord. No. 81-13, § 1; Ord. No. 81-24, § 2; Ord. No. 88-2, § 1; Ord. No. 95-20, § 2; Ord. No. 97-16, § I.]
The following uses are permitted as of right, subject to the
bulk regulations, parking requirements and other regulations set forth
or referred to below:
(b)
Nonresidential uses.
(1)
Churches and other places or worship.
(2)
Public schools, and private schools not operated for profit.
(3)
Parks, playgrounds and public buildings.
(4)
Office buildings, provided that the first story of any structure
containing office or banks must consist of those nonresidential uses
permitted, subject to floor area limitation, by section 17A-306(a)(1)
to (10) and excluding offices and banks or other financial uses. For
purposes of this section, offices shall include, but shall not be
limited to real estate brokers, stockbrokers, financial planner, insurance
agencies and other service professionals.
(5)
Banks, provided the first story of any structure containing
offices or banks must consist of those nonresidential uses permitted,
subject to floor area limitations by section 17A-306(a)(1) to (10)
and excluding offices and banks or other financial uses.
(6)
Parking garages and other off-street parking spaces, open or
enclosed, subject to the provisions of (b) division 6, subdivision
III of this article.
(7)
Hotels.
(8)
Theaters.
(9)
Medical and dental offices, provided the first story of any
structure containing medical and/or dental offices must consist of
those nonresidential uses permitted, subject to floor area limitations
by section 17A-306(a)(1) to (10) and excluding medical and/or dental
offices.
(c)
Mixed uses.
(1)
Joint occupancy buildings; provided, that:
a.
The residential portion shall have an entrance upon a street,
either directly or via an unobstructed passage, at least 10 feet in
width and 10 feet in height and with a maximum depth of 35 feet.
b.
No floor may be used for both residential and business uses,
unless a separate entrance, hallway and stairway provides direct access
to each use.
(2)
Planned commercial developments subject to the provisions of
section 17A-306.1.
(3)
Mixed uses are subject to the sue restrictions set forth in
section 17A-305(b)(4) and (5).
(d)
Accessory uses.
(1)
Accessory signs, as permitted in division 6, subdivision I,
sections 17A-367 through 17A-372 of this chapter.
(2)
Accessory parking spaces and other accessory uses, subject to
the limitations set forth in R1 districts, section 17A-228; except,
that within a dwelling unit other than a one-family dwelling, only
one room may be rented for residential purposes, for occupancy by
not more than two persons.
(e)
Continuing care retirement community (CCRC). A continuing care
retirement community (CCRC) within a planned commercial development
regulated under the provisions of section 17A-306.1.
[Ord. No. 77-1, § 2; Ord. No. 88-2, § 2; Ord. No. 92-22, § 1.]
The following uses are permitted as of right; provided, that
not more than 10,000 square feet of floor area per establishment shall
be devoted to such use. Such uses shall be subject to the bulk regulations,
parking requirements and other regulations set forth or referred to
below:
(a)
Nonresidential uses.
(1)
Radio and television broadcasting.
(2)
Blueprinting, photostating and similar business services.
(3)
Retail stores and bakeries, excluding automotive sales or service
establishments.
(4)
Places serving food or food and drink, whether or not the food
and drink served are to be consumed on the premises or elsewhere.
(5)
Barbershops, beauty parlors, tailors, dressmakers and millinery
shops, photographic studios, shoe repair, shoeshine and hat cleaning
shops and similar personal service stores dealing directly with consumers.
(6)
Studios for dancing and music instructions.
(7)
Private vocational and trade schools.
(8)
Outlets and pick-up stations for laundries and cleaning establishments.
(9)
Self-service automatic laundry and dry cleaning establishments
containing a total of not more than 30 machines for washing, cleaning
and drying. The use of flammable solvent is prohibited, except for
the incidental removal of spots.
(10)
Radio and television repair, locksmith, watch, clock and jewelry
repair, upholstery and furniture repair and other similar service
establishments, furnishing services other than of a personal nature,
but not including gasoline filling stations and other automotive services.
(11)
Newspaper reporting and distribution activities, open to the
general public.
(12)
Non-profit philanthropic agencies providing services to the
community.
[Ord. No. 81-24, § 3; Ord. No. 2002-9, § I.]
Planned commercial developments are permitted subject to the
regulations set forth below as to the bulk regulations and to the
parking requirements:
(a)
Planned commercial development means a contiguous tract of at
least two acres to be developed according to a plan containing one
or more structures with appurtenant common areas to accommodate a
combination of the nonresidential, residential, and joint occupancy
uses permitted in the CB district. For this purpose a contiguous tract
means one or more contiguous lots, or parts thereof, under common
ownership and control, designated by the owner as a tract to be developed
together according to a plan. Lots shall be deemed contiguous if they
have one or more common lot lines or, notwithstanding that they are
separated by a street, if the extension of the lot lines on their
existing bearings to the centerline of the street would result in
a common lot line of at least 20 feet along the centerline of the
street. The tract may be consolidated into one lot or it may be subdivided
into two or more lots; provided, that all such lots conform to the
regulation for the district.
(b)
The bulk regulations of section 17A-311.1 and the off-street
parking and loading requirements of sections 17A-314 and 17A-318 shall
apply.
(c)
The following design standards shall apply:
(1)
Building heights shall be varied within the development.
(2)
Buildings adjacent to other portions of the CB district shall
be designed with such variations in height, bulk, and scale so as
to avoid unreasonably adverse impacts on such areas.
(3)
Buildings of greater than three stories adjacent to residential
districts shall be of varying size and heights and with varying setbacks
so as to avoid long building lines, which tend to act as a barrier.
(4)
The common open space available for public use shall be designed
to include a setting for outdoor cultural or entertainment activities.
(5)
The common open space available for public use shall connect
with existing or planned adjacent pedestrian ways, plazas, and other
open space and to public and private parking garages and shall be
readily accessible to the public.
(6)
All building facades visible from the common areas and the public
way shall include architectural elements and landscaping so as to
avoid monotony and enhance their visual appeal.
(d)
The design standards and plat details of the subdivision article
shall apply even if only site plan approval is required.
(e)
Existing residential uses in the development shall be preserved
and no residential use shall be subsequently converted to nonresidential
use.
(f)
Prior to the approval of a planned commercial development, the
planning board shall make the findings required by N.J.S.A. 40:55D-45.
(g)
The applicant shall be responsible for assuring adequate parking
and circulation during the construction of the development and shall
submit a plan, acceptable to the planning board, which sets forth
the manner in which this result will be assured. The planning board
may require the development to be built in stages if this is necessary
to assure that there is adequate parking and circulation during construction.
If the development is to be constructed in stages, the applicant shall
provide appropriate assurances, which may include an agreement with
the municipality pursuant to section 17A-191, that the development
will be completed.
[Ord. No. 77-1, § 2; Ord. No. 81-13, § 3; Ord. No. 83-38, § 3; Ord. No. 92-22, § 2; Ord. No. 95-21, § I; Ord. No. 98-9, § I]
The following additional uses may be authorized as conditional
uses subject to the provisions of section 17A-208, and to the bulk
regulations, parking requirements and other regulations set forth
or referred to below:
(a)
Residential and mixed uses.
(1)
Conversion of a residential building in existence on November
19, 1968, to a joint occupancy building, or the conversion of a part
of the residential portion of a joint occupancy building to office
or other nonresidential use; provided, that:
a.
No structural alterations or other construction shall create
a new noncompliance or increase the degree of noncompliance.
b.
The same number of parking spaces shall be provided for such
conversions as are required for new construction of similar buildings;
such parking spaces to be provided in accordance with the provisions
of section 17A-388 and said spaces may not be satisfied by waiver
pursuant to section 17A-389.
c.
The Floor Area Ratio for the nonresidential portion of the structure
after the proposed conversion shall not exceed 1.5.
d.
In the case of conversion to a joint occupancy building, at
least 20 square feet of usable open space shall be provided for each
habitable room.
e.
The remaining residential portion of the structure shall have
a separate entrance upon a street either directly or via an unobstructed
passageway.
f.
The proposed conversion conforms with the additional specifications
and standards set forth for all conditional uses in section 17A-208
of this chapter.
(b)
Nonresidential uses.
(1)
Conversion of a residential or joint occupancy building to an
office or other nonresidential building; provided, that:
a.
No structural alterations or other construction shall create
a new noncompliance or increase the degree of noncompliance.
b.
The same number of parking spaces shall be provided for such
conversions as are required for new construction of similar buildings;
such parking spaces to be provided in accordance with the provisions
of section 17A-388 and said spaces may not be satisfied by waiver
pursuant to section 17A-389.
c.
The proposed conversion conforms with the additional specifications
and standards set forth for all conditional uses in section 17A-208
of this article.
(2)
Places with more than 10,000 square feet of floor area serving
food and drink, whether or not the food and drink are to be consumed
on the premises or elsewhere.
(3)
Assembly halls, bowling alleys and pool parlors, excluding amusement
parks and penny arcade galleries.
(4)
Bus stations and taxi offices.
(5)
Private vocational trade schools with more than 10,000 square
feet of floor area.
(6)
Nursing homes and private schools operated for profit.
(7)
Educational institutions.
(8)
Clubhouses, except for clubs whose principal activity is usually
carried on as a business.
(9)
Railroad and public utility buildings, installations and rights-of-way
needed to serve the general welfare of all or a significant part of
the community; provided, that the planning board determines that no
other reasonable location in a less restricted business district can
be used for the purposes contemplated.
(10)
Amateur radio receiving and transmitting towers over 15 feet
but less than 50 feet in height; provided, that any such tower shall
not be located closer to any lot line or street line than its height,
and in no event within a front yard or side yard.
(11)
Personal wireless telecommunications facilities and personal
wireless telecommunications equipment facilities, as defined in section
17A-201 shall be permitted as a conditional use, subject to the provisions
of section 17A-208.
[Ord. No. 77-1, § 2; Ord. No. 83-38, § 3.]
All uses permitted under the provisions of sections 17A-305,
17A-306 and 17A-307 shall be subject to the additional use regulations
set forth in sections 17A-364, 17A-365, 17A-366 and 17A-373.
[Ord. No. 77-1, § 2.]
The bulk regulations contained in sections 17A-309 through 17A-313
apply to all buildings and land in CB districts.
[Ord. No. 80-24, § 3]
One-family, two-family, attached and multiple dwellings, rooming
houses, and joint occupancy buildings are subject to the following
bulk regulations.
|
One-Family and Two-Family Dwellings
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Attached Dwellings
|
Multiple Dwellings and Rooming Houses
|
Joint Occupancy Buildings
| |
|---|---|---|---|---|
|
Maximum permitted:
| ||||
|
Floor area ratio
|
—
|
—
|
1.5
|
1.5
|
|
Height: feet
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35
|
35
|
65
|
65
|
|
stories
|
3
|
3
|
5
|
5
|
|
Coverage (percent)
|
—
|
—
|
60
|
60
|
|
Minimum required:
| ||||
|
Lot area per dwelling unit (sq. ft.)
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3,000
|
3,000(1)
| ||
|
Common open space per dwelling unit (sq. ft.)
|
603
|
603
| ||
|
Lot width
|
20
| |||
|
End lot
|
40(2)
| |||
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Interior lot
|
20(2)
| |||
|
Lot depth
|
80
| |||
|
Side yards
| ||||
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Smaller side yard, if provided
|
8
|
12
|
12
| |
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End lot, one side yard
|
20(2)
| |||
|
Rear yard
|
25
|
25(2)
|
|
Notes for table:
|
|
(1)For attached dwellings, part of
this lot area may be provided as common land, directly accessible
from the lot of each individual dwelling unit; provided, that the
lot of each individual dwelling unit shall have not less than the
minimum lot width and lot depth.
|
|
(2)For lot of individual dwelling
units.
|
|
(3)Land, courtyards, outdoor athletic
facilities, roof gardens and atriums with a minimum area of 200 square
feet and a minimum dimension of 10 feet, and balconies with a minimum
area of 60 square feet and a minimum dimension of 6 feet, may be counted
as common open space. Each such balcony shall be directly accessible
to the occupants of only one dwelling unit from the interior of that
dwelling unit.
|
Dimensions are in feet, unless otherwise noted.
The Board of Adjustment may authorize not more than one story
of additional height for residential purposes, and the Board may authorize
an increase in floor-area-ratio to 2.5 overall for an increase in
the residential floor area of joint occupancy buildings, in accordance
with the same findings as are provided for in section 17A-210.
[Ord. No. 80-24, § 4.]
(a)
Every living room and sleeping room in a multiple dwelling and
rooming house and in the residential portion of a joint occupancy
building shall have a window area equal to at least 10% of the floor
area of such room.
[Ord. No. 77-1, § 2; Ord. No. 81-24, § 4; Ord. No. 81-43, § 1]
|
Parking Garages
|
Other Nonresidential Buildings
| |
|---|---|---|
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Maximum permitted:
| ||
|
Floor area ratio
|
3.0
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1.5
|
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Coverage
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100%
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100%
|
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Height
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55 feet
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5 stories not exceeding 65 feet
|
|
Front yard
| ||
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Side yards
| ||
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Side yard
|
*
|
*
|
|
Side yard abutting lot in R1, R2, R3 or R4 districts
|
10 feet
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10 feet
|
|
Rear yard
| ||
|
Rear yard
|
*
|
*
|
|
Rear yard abutting lot in residence districts R1,
R2, R3 or R4
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10 feet
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10 feet
|
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*No yard required. However, if a yard is provided, it shall
be not less than 10 feet.
|
[Ord. No. 81-24, § 4]
(a)
All bulk regulations for the CB district shall apply to a planned
commercial development, except that:
(1)
The floor area ratio for the tract, including the portions thereof
which are already developed, shall not exceed 2.5; but the nonresidential
uses may not exceed a floor area ratio of 1.5. Floor area ratios otherwise
applicable shall not apply.
(2)
If the tract includes an area designated on the plan for the
construction of one or more above grade parking garages, then, at
the applicant's option, the computation under subsection (b)(1) above
may be based on the area of the tract, excluding the area designated
for parking garage use, in which case the applicant shall also be
permitted a floor area ratio of 3.0 for parking garage use for the
area of the tract so designated on the plan. If the area designated
for parking garage use is in excess of the foundation area of the
garage, such excess area shall be adjacent to the parking garage and
not separate by a street; and shall remain undeveloped except for
appurtenant structures or facilities necessary to serve the parking
garage use.
(3)
No new buildings, other than parking garages, shall have a floor
area in excess of 100,000 square feet.
(4)
The common open space available for public use, serving the
development, including but not limited to, pedestrian ways, plazas,
and green areas but excluding the public right-of-way, shall comprise
at least 25% of the tract.
(5)
Lot area, dimension and yard requirements shall not apply to
the residential uses, but outdoor space per dwelling unit shall be
provided in accordance with the requirements for common open space
for multiple dwellings.
(6)
A basement used for parking and only incidentally for other
permitted building facilities, shall not be considered a story for
height purposes when the average height structural ceiling of the
basement, around the perimeter of the exterior of the basement, measured
from curb grade, is not more than six feet.
[Ord. No. 77-1, § 2]
A noncomplying building legally existing on November 19, 1968,
may be reconstructed to the same floor area ratio as existed on such
date; provided, that such reconstruction shall not create a new noncompliance.
When such reconstruction occurs, only that amount of accessory off-street
parking will be required for the new building as existed prior to
reconstruction.
[Ord. No. 77-1, § 2; Ord. No. 83-38, § 3]
The additional bulk regulations contained in division 6, subdivision
II of this chapter, with the exception of section 17A-379, shall also
apply in CB districts.
[Ord. No. 77-1, § 2; Ord. No. 83-25, § 8]
In CB districts, accessory off-street parking spaces, open or
enclosed, shall be provided for all construction, and accessory off-street
loading berths, open or enclosed, shall be provided for all permitted
nonresidential uses in accordance with the regulations set forth and
referred to in sections 17A-314 through 17A-319. All such parking
spaces and loading berths shall be subject to the provisions of division
6, subdivision III of this chapter.
[Ord. No. 77-5, § 1.]
|
One-Family Dwellings
|
Two-Family Dwellings
|
Attached Dwellings
|
Multiple Dwellings
|
Occupancy Dwellings Required Parking Spaces
| |
|---|---|---|---|---|---|
|
Per dwelling unit*
| |||||
|
Housing for elderly
|
1
|
1-1/2
|
1/3
|
1/3
|
1/3
|
|
Three or less habitable rooms
|
1
|
1-1/2
|
3/4
|
3/4
|
3/4
|
|
Other
|
1
|
1-1/2
|
1
|
1-1/2
|
1-1/2
|
|
For accessory uses
| |||||
|
Per rented room
|
1
|
1
| |||
|
Per accessory professional office
|
1
|
1
|
1
|
1
|
1
|
|
* Where by special circumstance or condition a development will
require parking that is different from the above, the applicant may
request that the required parking for a particular development be
determined by the planning board, taking into consideration the amount
of traffic to be generated thereby, the likelihood of all day or short-term
use of parking spaces, the location and availability of other means
of access and other factors affecting the amount of traffic likely
to be generated and the need for parking.
|
[Ord. No. 77-1, § 2; Ord. No. 80-24, §§ 5, 6; Ord. No. 83-38, § 2]
|
At least one parking space for each:
| |
|---|---|
|
Public and private secondary schools
|
6 seats or students
|
|
Public and private elementary schools
|
12 seats or students
|
|
Places of worship, libraries
|
200 square feet of floor area, but not less than one space for
each five seats, where provided
|
|
Hospitals
|
1 bed
|
|
Nursing home and philanthropic institutions
|
3 beds
|
|
Eating and drinking places
|
400 square feet of floor area
|
|
Rooming houses
|
Guest room
|
|
Theatres and assembly halls
|
5 seats
|
|
Service business uses not listed above
|
For ground floor: 300 square feet of floor area; For other floors:
450 square feet of floor area
|
|
Office
|
370 square feet of floor area
|
|
Retail
|
475 square feet of floor area
|
|
Institutional
|
360 square feet of floor area
|
|
Hotel
|
580 square feet of floor area
|
For any other permitted buildings and uses, for which no requirements
are set forth above, appropriate and comparable off-street parking
requirements shall be determined by the planning board, taking into
consideration the amount of traffic to be generated thereby, the likelihood
of all day or short term use of parking spaces, the location and the
availability of other means of access and other factors affecting
the amount of traffic likely to be generated and the need for parking.
[Ord. No. 2009-33, § II;
amended 4-12-2021 by Ord. No. 2021-09]
The off-street parking requirements set forth in Sections 17A-315
and 17A-316 above shall apply only to new construction. No additional
off-street parking or loading berths shall be required for any change
of use within an existing structure, except that any existing on-site
parking spaces or loading berths shall not be removed or converted
for any other purpose without site plan approval and/or the grant
of variances associated therewith.
Editor's Note: Former section 17A-317, Same — Conversions
to nonresidential uses, previously codified herein and containing
portions of Ordinance Nos. 77-1, 80-24 and 92-22, was repealed in
its entirety by Ordinance No. 2009-33.
[Ord. No. 80-24, § 7]
Accessory loading berths, open or enclosed, shall be provided
for nonresidential uses, except churches, parks, playgrounds, public
buildings, public schools, private schools not operated for profit,
parking garages or joint occupancy buildings with nonresidential floor
area of less than 15,000 square feet, and movie theatres, as follows:
Editor's Note: Former section 17A-319, Nonresidential buildings
on lots or not more than 5,000 square feet, previously codified herein
and containing portions of Ordinance Nos. 77-1, 82-3 and 92-22, was
repealed in its entirety by Ordinance No. 2009-33.
