In addition to the general goals listed in the preamble and § 360-2, the districts established in this article are intended to achieve the following:
A. 
To provide sufficient space in appropriate locations for all types of commercial and service activities anticipated.
B. 
To protect commercial development against intrusive uses which are incompatible with it and against objectionable influences, such as noise or glare, and from the hazards of fire.
C. 
To protect both commercial development and nearby residential areas against congestion by regulating the intensity of neighborhood retail development and by providing for off-street parking and loading facilities.
D. 
To provide appropriate space, and in particular sufficient depth for the requirements of present-day merchandising, including the provision of off-street parking space in areas to which large numbers of shoppers come by automobile, and to encourage the natural tendency of neighborhood development to concentrate in uninterrupted retail frontage, to the mutual advantage of both consumers and merchants.
E. 
To promote the most desirable use of land and direction of building development in accord with a well considered plan, to promote stability of commercial development, to strengthen the economic base of the Borough, to protect the character of commercial districts and the peculiar suitability of particular areas for particular uses, to conserve the value of land and buildings and to protect the Borough's tax revenues.
A. 
Use regulations.
(1) 
Uses by right. In any C-1 District, land, buildings or premises shall be used by right only for one or more of the following:
(a) 
Shoppers' goods stores, including department stores or shops for the display and sale at retail of clothing, house equipment and/or furnishings, appliances, jewelry, dry goods, antiques, leather and luggage or variety stores.
[Amended 6-11-1985 by Ord. No. 482; 12-10-1985 by Ord. No. 489]
(b) 
Convenience goods stores, including shops for display and sale at retail of drugs, delicatessen, liquor, cameras, candy, cosmetics, flowers, gifts and cards, hobby supplies, groceries, meat markets and food markets.
[Amended 6-11-1985 by Ord. No. 482; 12-10-1985 by Ord. No. 489]
(c) 
Eating and drinking establishments, including bars, taverns, restaurants and tearooms.
(d) 
Business or professional offices, including medical offices and banks.
(e) 
Personal service shops, including dry cleaning, barbers, beauticians, photographers, shoe repair and laundromats.
(f) 
Government offices, including post office.
(g) 
Any other use which the Planning Board determines to be of a substantially similar character to those above.
(h) 
In Block 11, Lot 1, of the Barrington Redevelopment Plan for Clements Bridge Road Phase III only, two first-floor dwelling units and one above-first-floor and above-second-floor dwelling unit is permitted.
[Added 12-10-2024 by Ord. No. 1193]
(2) 
Uses by special permit. The following uses shall be permitted by special permit of the Planning Board, subject to Article VIII of this chapter:
(a) 
Production of goods to be sold at retail, on the premises only, and employing not more than 10 persons at any one time.
(b) 
Bakeries, confectioneries or shops for the production of baked goods to be sold at retail on the premises, and employing not more than 10 persons at one time.
(c) 
Funeral parlors.[1]
[1]
Editor's Note: Original § 128-23, Subsection A(2)(d), dealing with certain retail stores, which immediately followed this subsection, was repealed 6-11-1985 by Ord. No. 482: 12-10-1985 by Ord. No. 489.
(d) 
Entertainment and commercial recreation establishments, including bowling alleys, theaters and assembly halls.[2]
[2]
Editor's Note: Original § 128-24, Subsection A(2)(g), regarding one dwelling unit per commercial lot, of the 1982 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Accessory uses.
(a) 
Customary accessory uses in commercial areas.
(b) 
One dwelling unit per commercial lot.
(4) 
For the properties designated as Block 49, Lot 8.01, and Block 50, Lots 3 and 4 within the Redevelopment Zone - Phase III only, the following use regulations shall be observed:
[Added 3-8-2022 by Ord. No. 1150]
(a) 
Uses by right.
[1] 
See § 360-22A(1) of this chapter;
[2] 
One first-floor dwelling unit per 5,000 square feet of lot area;
[3] 
Two above-first-floor dwelling units per 5,000 square feet of lot area.
(b) 
Uses by special permit.
[1] 
See § 360-22A(3) of this chapter.
B. 
Area and bulk. The following regulations shall be observed:
(1) 
Lot size: 5,000 square feet minimum.
(2) 
Lot width: 50 feet minimum. The lot width may be reduced, provided that the minimum lot area of 5,000 square feet is maintained; however, the lot width shall not be less than 45 feet.
(3) 
Lot improvement coverage: 80% maximum.
[Amended 6-14-2005 by Ord. No. 811]
(4) 
Front yard: 18 feet minimum.
(5) 
Side yard: 10 feet minimum, one side. Any space between party walls insufficient for access which might provide for accumulation of refuse or entry for rodents shall be supplied with a screen or such other device as will effectively prevent such accumulation or entry.
(6) 
Rear yard: 25 feet minimum.
(7) 
Maximum building height: 35 feet, two stories, no higher.
(8) 
For the properties designated as Block 49, Lot 8.01, and Block 50, Lots 3 and 4 within the Redevelopment Zone - Phase III only, the following area and bulk regulations shall be observed:
[Added 3-8-2022 by Ord. No. 1150]
(a) 
Minimum lot size: See § 360-22B(1) of this chapter.
(b) 
Minimum lot width: See § 360-22B(2) of this chapter.
(c) 
Maximum lot coverage: 85% maximum.
(d) 
Minimum front yard setback: zero feet.
(e) 
Minimum side yard setback: five feet for all new construction.
(f) 
Minimum rear yard setback: See § 360-22B(6) of this chapter.
(g) 
Maximum building height: 35 feet, 2 1/2 stories.
C. 
Off-street parking regulations.
(1) 
Standards. Off-street parking space or spaces, with proper and safe access from the street, shall be provided, to serve adequately the uses within the district. Several uses may share a parking facility, provided that the number of spaces is not less than the sum of the requirements for each user sharing the facility. Parking space for one vehicle shall equal at least nine feet by 18 feet in size and shall have an all-weather surface and provide convenient access in all seasons.
[Amended 12-30-2009 by Ord. No. 942]
(2) 
Required off-street parking of new construction, enlargement or change in use.
Use
At Least 1 Space for Each
Food market
200 square feet of gross floor area
Department stores and appliance stores
200 square feet of gross floor area
Other convenience goods stores and other shoppers' goods stores
200 square feet of gross floor area
Business or professional offices and personal offices and government offices and garden supply store
1,000 square feet of floor area
Bowling alley
1/2 alley
Theater and assembly hall
5 seats
Eating and drinking establishments
6 seats
Funeral parlor
5 seats
Residential use as accessory to commercial
1/2 dwelling unit
*
NOTE: Gross floor area shall conform to the definitions noted in § 360-13, "floor area."
(3) 
For the properties designated as Block 49, Lot 8.01, and Block 50, Lots 3 and 4 within the Redevelopment Zone - Phase III only, the following area and bulk regulations shall be observed:
[Added 3-8-2022 by Ord. No. 1150]
(a) 
Nonresidential uses shall not be required to provide on-site parking, provided that there is no increase in the gross floor area of the building. If a new building is constructed or an existing building expanded, dedicated off-site parking shall be required to accommodate the added floor area.
(b) 
Residential use RSIS parking obligations may be met off-site at Borough-designated parking spaces on the adjacent Conrail right-of-way. Residential tenants may park their allotted vehicles there, i.e., up to two vehicles per two bedroom unit, upon receipt of a special permit issued the Borough.
D. 
Loading regulations.
(1) 
Standards.
(a) 
Off-street loading and unloading space or spaces, with proper and safe access from the street and with at least a fourteen-foot vertical loading clearance and twelve-foot width and thirty-five-foot length for each loading berth, shall be provided, either within the enclosure of structures or in the open, to serve adequately the uses of each lot.
(b) 
Loading and unloading spaces shall have all-weather surfaces and provide safe and convenient access in all seasons.
(c) 
Access to loading facilities from a street shall not be located at a distance less than 25 feet from any intersection.
(2) 
Required off-street loading berths for new construction, enlargement or change in use.
Use
Floor Area (square feet)
Required Berths
Entertainment and commercial recreation and eating and drinking
First 2,000
None
Each additional 5,000 or fraction thereof
1
All other retail uses
First 1,500
None
Next 2,000 or fraction thereof
1
Each additional 6,000 or fraction thereof
1
Office building
First 7,500
None
Each additional 12,000 or fraction thereof
1
Funeral parlor
First 2,000
None
Each additional 6,000 or fraction thereof
1
(3) 
For the properties designated as Block 49, Lot 8.01, and Block 50, Lots 3 and 4 within the Redevelopment Zone - Phase III only, this section is amended to provide that the off-street loading requirement is hereby eliminated.
[Added 3-8-2022 by Ord. No. 1150]
E. 
Landscaping and screening. Whenever a property in the C-1 Central Commercial District abuts a residential district property, the following shall be observed:
[Added 4-14-1981 by Ord. No. 412; amended 1-19-2006 by Ord. No. 830]
(1) 
A landscaped screen shall be planted and constructed on the commercial property along its lot line which abuts said residential district. The landscaped screen shall consist of the following:
(a) 
A five-foot-high nontransparent fence, capable of serving both as a visual screen and a protective barrier, shall be installed.
(b) 
Evergreen trees or other sturdy trees capable of providing a year-round visual screen shall be planted no more than 12 feet apart and no less than 2 1/2 feet from the fence and shall be at least six feet high at time of planting.
(c) 
Trees shall be protected against damage by motor vehicles in the event that off-street parking or loading facilities are provided nearby.
(d) 
Landscaped screens shall be maintained in good order and fences and trees repaired or replaced as necessary to the satisfaction of the Zoning Officer.
(e) 
Landscaping and screening and/or fencing shall be provided around any outdoor trash, refuse or recycling area, and shall be developed in an aesthetically pleasing manner. Collection vehicles shall be able to access the storage area without interference from parked vehicles or other obstacles. The trash enclosure shall have gates and doors to be closed when the collection truck is finished emptying the receptacle dumpster. The storage and upkeep of this area shall be in compliance with Chapter 258, Property Maintenance, Article I, General Regulations, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Use regulations.
(1) 
Uses by right. In any C-2 District, land, buildings or premises shall be used by right only for one or more of the following:
(a) 
Office building, business or professional offices, including medical and banking.
(b) 
Specialty retail shops, including sporting goods, apparel, books, gifts and accessories and cameras.
(c) 
Restaurants, including bars.
(d) 
Laundry and dry-cleaning plants and laundry and dry-cleaning retail shops.
(e) 
Building materials and allied fields, both wholesale and retail.
(f) 
Printing and allied fields.
(g) 
Any other use which the Planning Board determines to be of a substantially similar character to those above.
(2) 
Accessory uses. Only the following accessory uses shall be permitted:
(a) 
Customary accessory uses in commercial districts.
(3) 
Uses by special permit. The following uses may be permitted by special permit of the Planning Board:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a) 
Personal service shop.
(b) 
Motel.
(c) 
Commercial parking lot.
(d) 
Service station.
(e) 
Shop for display and sale at retail of books.
(4) 
Gasoline selling or service stations shall be allowed in the C-2 Zone only by special permit of the Planning Board and subject to the following standards and regulations:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a) 
No gasoline selling or service stations, or area so utilized, shall be located within 500 feet of any property on which a church, hospital, public or parochial school, private school, college, institution or theater shall be located. Said distance shall be measured from the nearest boundary or property line in the one instance to the nearest point of boundary line of the use being measured along the street line giving the shortest route between the two parcels.
(b) 
No gasoline selling or service stations, or area so utilized, shall be located within 1,000 feet of another gasoline selling or service station. Said distance shall be measured from the nearest boundary or property line in the one instance to the nearest point of boundary line of the use being measured along the street line giving the shortest route between the two parcels.
(c) 
All lubrication, repair, maintenance or similar activities shall be performed within a completely enclosed building.
(d) 
No part of any gasoline selling or service station may be used for residence or sleeping purposes.
(e) 
No automobile, truck, trailer or boat shall be allowed to stand on any gasoline selling or service station property publicly advertising such vehicle for sale or lease.
B. 
Area and bulk regulations.
(1) 
The following regulations shall be observed:
(a) 
Lot size: 125,000 square feet.
(b) 
Lot width: 200 feet.
(c) 
Lot improvement coverage: 40% maximum.
[Amended 6-14-2005 by Ord. No. 811]
(d) 
Front yard: 30 feet.
(e) 
Side yard(s): 20 feet, each side.
(f) 
Rear yard: 30 feet.
(g) 
Maximum building height: 35 feet.
(2) 
Modification of yard and height requirements may be granted for designed, single-ownership tracts of more than two acres, subject to Planning Board approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Off-street parking regulations.
(1) 
Standards. Off-street parking space or spaces, with proper and safe access from the street, shall be provided, within a structure or in the open, to serve adequately the uses on each lot within the district. Parking space for one vehicle shall equal at least nine feet by 18 feet in size and shall have an all-weather surface to provide convenient access in all seasons.
[Amended 12-30-2009 by Ord. No. 942]
(2) 
Required off-street parking for new construction, enlargement or change in use.
Use
Floor Area
(square feet)
At Least 1 Parking Space for Each
All uses
7 to 2,000
150 square feet
Next 4,000 or fraction thereof
300 square feet
Each additional 6,000 or fraction thereof
600 square feet
Over 24,000
Subject to determination by Planning Board
D. 
Loading regulations.
(1) 
Standards.
(a) 
Off-street loading and unloading space or spaces, with proper and safe access from the street and with at least a fourteen-foot vertical loading clearance and a twelve-foot width and thirty-five-foot length for each loading berth, shall be provided, either within the enclosure of structures or in the open, to serve adequately the uses of each lot.
(b) 
Loading and unloading spaces shall have all-weather surfaces to provide safe and convenient access in all seasons.
(c) 
Access to loading facilities from a Borough street shall not be located at a distance less than 25 feet from any intersection.
(2) 
Required off-street loading berths for new construction, enlargement or change in use.
Use
Floor Area
(square feet)
Required Berths
Office
First 2,000
None
Each additional 20,000 or fraction thereof
1
Shop
First 2,400
None
Next 7,200 or fraction thereof
1
Each additional 12,000 or fraction thereof
1
E. 
Landscaping and screening. Whenever a property in the C-2 Central Commercial District abuts a residential district property, the following shall be observed:
[Added 4-14-1981 by Ord. No. 412; amended 1-19-2006 by Ord. No. 830]
(1) 
A landscaped screen shall be planted and constructed on the commercial property along its lot line which abuts said residential district. The landscaped screen shall consist of the following:
(a) 
A five-foot-high nontransparent fence, capable of serving both as a visual screen and a protective barrier, shall be installed.
(b) 
Evergreen trees or other sturdy trees capable of providing a year-round visual screen shall be planted no more than 12 feet apart and no less than 2 1/2 feet from the fence and shall be at least six feet high at time of planting.
(c) 
Trees shall be protected against damage by motor vehicles in the event that off-street parking or loading facilities are provided nearby.
(d) 
Landscaped screens shall be maintained in good order and fences and trees repaired or replaced as necessary to the satisfaction of the Zoning Officer.
(e) 
Landscaping and screening and/or fencing shall be provided around any outdoor trash, refuse or recycling area, and shall be developed in an aesthetically pleasing manner. Collection vehicles shall be able to access the storage area without interference from parked vehicles or other obstacles. The trash enclosure shall have gates and doors to be closed when the collection truck is finished emptying the receptacle dumpster. The storage and upkeep of this area shall be in compliance with Chapter 258, Property Maintenance, Article I, General Regulations, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Statement of intent. It is the goal of this district to achieve the following:
(1) 
To provide the Borough with the most advantageous use of restricted land and existing buildings.
(2) 
To provide commercial uses with a means to establish a workable plan of operation so as to not increase congestion in the Borough nor in this commercial district. It is also established to keep control over and to help abate any traffic increase in this district to the mutual benefit of the Borough and the commercial users.
(3) 
To provide a fair parking plan and set long-range goals for commercial users in the area, those who have residences in the area, traffic control and Borough harmony.
(4) 
To establish off-street parking wherever possible, ease congestion and use present structures to the best possible advantage.
B. 
Use regulations.
(1) 
Uses by right. In any C-4 District, land, buildings or premises shall be used by right for one or more of the uses set forth below. Interpretation by the Planning Board is required to maintain proper land use and assess impact. All approved interpretive decisions of the Planning Board shall be subject to review by the Borough Council. The Council may act within 30 days to override said approval. Failure to act within the thirty-day limit shall be construed as Council agreement with the decision.
(a) 
Lumberyard, where sufficient self-sustaining on-premises parking, loading and unloading can be provided.
(b) 
Any business which is, by nature, a low-yield traffic and parking congester.
[1] 
Borough parking spaces at a reasonable rate and consistent with adjoining businesses and residences can be considered (as parking off street) to satisfy parking requirements.
[2] 
Offices or commercial uses which require no walk-in business and employee levels are five or less.
[3] 
Commercial uses which are, by nature, a nonlingering type of use.
(2) 
Uses by special permit.
(a) 
Any commercial use permitted in the C-1 District which can provide sufficient off-street parking.
C. 
Area and bulk regulations.
(1) 
The following regulations shall be observed for all new or expanding facilities:
(a) 
Lot size: 5,000 square feet minimum.
(b) 
Lot width: 50 feet minimum.
(c) 
Lot coverage, building: 40%, with parking 80% maximum.
(d) 
Front yard: 43 feet from the center of the street.
(e) 
Side yard: 10 feet on at least one side.
(f) 
Rear yard: 30 feet.
(g) 
Maximum building and/or structure height: 35 feet; two stories, no higher.
(2) 
Modification of yard and height requirements may be granted for designed, single-ownership tracts, more than two acres, subject to Planning Board approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Existing structures and/or buildings in this district may be granted an exception by the interpretive powers of the Planning Board. Any change in the nonconforming business may be considered for interpretation by the Planning Board at a public hearing.
D. 
Parking.
(1) 
Standards. Off-street parking spaces, with proper and safe access from the street, shall be provided, where possible, within a structure or in the open, to serve adequately the users on each lot within the district. Borough-provided space may be considered to satisfy these spaces, provided that the exception is approved by the Planning Board. Spaces for each employee and apartment dweller are to be arranged for by the owner. Every effort is to be made to provide such space on the owner's property. Parking space shall equal at least nine feet by 18 feet in size and shall have an all-weather surface to provide convenient access in all seasons. Safe maneuverability is to be designed in each off-street parking area.
[Amended 12-30-2009 by Ord. No. 942]
(2) 
Required parking.
(a) 
All uses: one space per 200 square feet of building area; first and second floor.
(b) 
In restricted areas where off-street parking is unavailable, one space per permanent employee and one space per apartment must be provided.
(c) 
Unusual or abnormal parking caused by a commercial user may not violate assigned areas.
E. 
Loading requirements.
(1) 
Off-street loading and unloading space or spaces must be provided with proper and safe access from the street, with at least fourteen-foot vertical loading clearance, twelve-foot width and thirty-five-foot length for each berth provided for each lot.
(a) 
Should existing lots be unable to provide said berths, no loading or off-loading is permitted from Clements Bridge Road. Access is to be reviewed for exception and interpretation by the Planning Board.
(b) 
Access to loading facilities from any street shall not be provided at a distance of less than 25 feet from any intersection.
(2) 
Off-street loading berths for new or expanding uses or change in use are as follows:
Use
Floor Area
(square feet)
Required Berths
Offices
First 2,000
None
Each additional 5,000
1
Shops
First 2,400
1
Each additional 12,000
1
All other commercial
First 2,000
1
Each additional 5,000
1