[Added 4-13-2023 by Ord. No. 10-2023]
The purpose and intent of the B-10W Zone District is to:
A. 
Establish a regulatory framework that will preserve and enhance the character of that portion of the Route 10 corridor located west of Route 287 in the Township;
B. 
Promote a strong and sustainable economic environment that encourages attractive commercial and business development, employment opportunities, an enhanced tax base, and convenient and quality facilities, services and amenities, for both residents and the business community;
C. 
Ensure that infill development and redevelopment is accomplished in a manner that complements the overall community and respects the general scale of development in the Township;
D. 
Ensure that development in the District is responsive to and preserves environmental features; in particular, steep slopes, wetlands, areas subject to flooding, streams and other water bodies and trees;
E. 
Enhance the appearance of the district, and of the Township as a whole;
F. 
Preserve and enhance retail commercial areas by defining their functional role in the Township and the region;
G. 
Encourage a community sense of place, offering uses that incorporate the highest standards of aesthetic design resulting in an attractive corridor in the Township;
H. 
Promote development and redevelopment of under- or poorly utilized or developed properties; and
I. 
Promote safe and efficient transportation design and improvements.
A. 
The permitted principal uses in the B-10W Zone District shall be limited to those set forth below. When provided, the number in parentheses following the uses listed below refers to the code number assigned by the North American Industry Classification System (NAICS), 2017 edition, and such use shall be defined as described in the text of that document, available online at https://www.census.gov/naics/. The following list is subject to any applicable use limitations set forth in this chapter:
(1) 
Retail trade uses, limited to:
(a) 
Motor vehicle and parts dealers, limited to:
[1] 
New car dealers (441110), including used car dealers when an accessory use to a new car dealer on the same premises.
[2] 
Motorcycle, atv, and all other motor vehicle dealers (441228).
[3] 
Automotive parts and accessories stores (441310).
[4] 
Tire dealers (441320), but excluding motor vehicle repair or maintenance establishments.
(b) 
Furniture and home furnishings stores (442).
(c) 
Electronics and appliance stores (443).
(d) 
Building material and garden equipment and supplies dealers (444).
(e) 
Food and beverage stores (445).
(f) 
Health and personal care stores (446).
(g) 
Gasoline stations (447).
(h) 
Clothing and clothing accessories stores (448).
(i) 
Sporting goods, hobby, musical instrument, and book stores (451).
(j) 
General merchandise stores (452).
(k) 
Miscellaneous store retailers, limited to:
[1] 
Florists (4531).
[2] 
Office supplies and stationery stores (45321).
[3] 
Gift, novelty, and souvenir stores (45322).
[4] 
Used merchandise stores (4533).
[5] 
All other miscellaneous store retailers (4539), excluding manufactured (mobile) home dealers (45393) and live retail auctions (45399).
(l) 
Nonstore retailers, limited to electronic shopping and mail-order houses (4541), but excluding warehousing operations for such uses.
(2) 
Taxi and limousine services (4853).
(3) 
Motion picture theaters (512131).
(4) 
Banks, savings and loan institutions, credit unions, lending establishments and similar uses (522).
(5) 
Real estate and rental and leasing services, limited to:
(a) 
Passenger car rental and leasing (53211).
(b) 
Consumer goods rental (5322).
(c) 
General rental centers (532310).
(d) 
Office machinery and equipment rental and leasing (532420).
(6) 
Educational services, limited to:
(a) 
Business schools and computer and management training (6114).
(b) 
Technical and trade schools (6115).
(c) 
Other schools and instruction (6116).
(d) 
Educational support services (6117).
(7) 
Health care and social assistance services, limited to:
(a) 
Ambulatory health care services (621).
(b) 
Child and youth services (62411).
(c) 
Services for the elderly and persons with disabilities (62412).
(d) 
Other individual and family services (62419).
(e) 
Community food services (62421).
(f) 
Vocational rehabilitation services (62431).
(g) 
Child-care centers, as regulated by N.J.S.A. 40:55D-66.6.
(8) 
Arts, entertainment, and recreation services, limited to the following, and subject to the outdoor use prohibition of § 166-183.13C:
(a) 
Performing arts and related industries (711).
(b) 
Museums, historical sites, and similar institutions (712).
(c) 
Other amusement and recreation industries (7139).
(9) 
Food services and drinking places (722), including but not limited to sit-down, drive-in, drive-through, and take-out restaurants.
(10) 
Other services, limited to:
(a) 
Personal care services (8121).
(b) 
Dry-cleaning and laundry services (8123), excluding industrial launderers (812332).
(c) 
Other personal services (8129).
(11) 
Business, administrative and professional offices.
(12) 
Hotels.
(13) 
Veterinary services (541940).
A. 
Public utility buildings and structures, as regulated in § 166-150C.
The following accessory uses shall be permitted in the B-10W Zone District:
A. 
Off-street parking.
B. 
Signs.
C. 
Other uses customarily accessory and incidental to permitted principal or conditional uses.
Any use other than the uses specifically permitted by this article, by other provision of this chapter or permitted by other applicable law, shall be prohibited. In addition, the following uses shall be specifically prohibited:
A. 
Residential dwellings.
B. 
Inpatient care or overnight lodging, except as part of permitted hotel operation.
C. 
Any business conducted outside the confines of a building. This prohibition shall include any outdoor boarding of animals, outdoor animal exercise areas or other similar outdoor areas as part of the provision of veterinary services or pet care services; such services shall only be conducted within the confines of a building (indoors), and shall be subject to the provisions of § 117-5 and all other applicable requirements. Notwithstanding the foregoing, the following uses and activities shall be permitted:
(1) 
Building material and garden equipment and supplies dealers permitted by this article.
(2) 
Gasoline stations as permitted by this article. As part of any gasoline station, there shall be permitted the display of materials routinely used for motor vehicle operation and maintenance, such as windshield washer fluid, motor oil, and antifreeze. Such display shall be limited to the pump islands only.
(3) 
Drive-in banks, pharmacies and drive-in restaurants.
(4) 
Outdoor dining permitted as an accessory to a permitted restaurant.
(5) 
The display of passenger vehicles for sale accessory to a new car dealer.
D. 
Used car sales as a principal use.
E. 
Any industrial use.
F. 
Wholesale uses, except as an accessory use to a permitted principal use, or except may be specifically permitted.
G. 
Construction trade yards or buildings, except for offices for such uses.
H. 
The use of any noisemaking devices, such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices, so situated as to be heard outside any building; provided, however, that permitted drive-through establishments shall be permitted to use such microphones and speakers that are minimally necessary for the functioning of the drive-through operation, and further provided that the Planning Board, as part of any site plan approval, may permit limited outdoor music and/or entertainment accessory to outdoor dining within the development. In any case where noisemaking devices, music and/or entertainment is proposed, the same shall be permitted only if the developer demonstrates, as part of any site plan application, that such activity will not interfere with the reasonable use of other businesses or other establishments within the development or on adjacent or nearby properties.
"Small-scale development" shall be defined for purposes of this section as development on a property having a net lot area less than five acres. "Net lot area" shall be defined as excluding all floodways, wetlands and required transition areas for wetlands.
A. 
Minimum lot area: 50,000 square feet.
B. 
Minimum lot width: 200 feet.
C. 
Minimum lot depth: 200 feet.
D. 
Maximum floor area ratio. The maximum floor area ratio shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum floor area ratio shall be 30% of the net lot area.
E. 
Maximum building coverage. The maximum building coverage shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum building coverage shall be 20% of the net lot area.
F. 
Maximum building height: three stories, 45 feet.
G. 
Minimum yard depths. The minimum yard depths shall be as required below. For purposes of determining compliance with yard depths based upon building height, in the case of buildings having varying heights, the yard depth shall be measured to each portion of the building having a different height. Thus, a portion of a building having a lower height will have a different yard requirement than a portion of the same building having a greater height.
(1) 
Minimum front yard depth: 60 feet, or twice the building height, whichever is greater.
(2) 
Minimum side yard depth: 30 feet.
(3) 
Minimum rear yard depth: 30 feet.
H. 
Minimum distance between principal buildings: 60 feet.
"Large-scale development" shall be defined for purposes of this section as development on a property having a net lot area of at least five acres. "Net lot area" shall be defined as the total lot area, less the area of all floodways, wetlands and required wetland transition areas.
A. 
Minimum lot area: five acres.
B. 
Minimum lot width: 300 feet.
C. 
Minimum lot depth: 200 feet.
D. 
Maximum floor area ratio. The maximum floor area ratio shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum floor area ratio shall be 40% of the net lot area.
E. 
The maximum building coverage shall be based upon the net lot area, which shall exclude all floodways, wetlands and required transition areas for wetlands. The maximum building coverage shall be 25% of the net lot area.
F. 
Maximum height of principal buildings: 75 feet.
G. 
Minimum yard depths. The minimum yard depths shall be as required below. For purposes of determining compliance with yard depths based upon building height, in the case of buildings having varying heights, the yard depth shall be measured to each portion of the building having a different height. Thus, a portion of a building having a lower height will have a different yard requirement than a portion of the same building having a greater height.
(1) 
Minimum front yard depth: 60 feet, or twice the building height, whichever is greater.
(2) 
Minimum side yard depth: 30 feet.
(3) 
Minimum rear yard depth: 30 feet.
H. 
Minimum distance between principal buildings: 60 feet.
A. 
Architectural design. Buildings shall be designed and placed in accordance with the following provisions:
(1) 
The architectural design of buildings shall promote a desirable visual environment through the relationship of design features, such as height and mass, building proportions, rooflines, building projections and ornamental features.
(2) 
The design of buildings shall be harmonious with the character of existing development in the immediate vicinity, and shall enhance the character of the surrounding neighborhood and the Township as a whole, and shall avoid adversely affecting the value of adjacent or nearby properties.
(3) 
The use of exterior colors, facade or roof materials, or such combination of colors and materials, shall be compatible with and enhance the character of existing development.
(4) 
Excessive uniformity or monotony of design within the context of existing development in the neighborhood shall be avoided.
(5) 
Building components such as windows, doors, eaves, and parapets shall have proportions in keeping with each other, the building and the neighborhood as a whole.
(6) 
Bright or brilliant colors shall be used only for accent and shall not substantially depart from the character of existing neighborhood colors or detract from the overall appearance of the neighborhood.
(7) 
All sides of the building shall contribute to the architectural unity of the building by using similar building materials for the front, side, and rear walls, and through other methods.
(8) 
Large unbroken building masses shall be avoided through the uses of projections, recesses, varying materials and other methods.
(9) 
All buildings shall use durable high-quality material requiring low maintenance, such as brick, stone, stucco, glass, precast concrete, and wood, when properly treated. Where durability and performance are questionable, the applicant may be asked to provide a manufacturer's guaranty or proof of durability from an independent testing laboratory certification. The use of aluminum siding, vinyl siding, and exposed concrete block are prohibited, except for architectural prefinished block and split face block, which are permitted.
B. 
Roof structures shall not exceed five feet in height, nor shall their total area exceed 5% of the roof area to which they are attached. This shall not be construed to permit a dish antenna to exceed the height limit as regulated in § 166-138.1B(2).
C. 
Supplemental regulations applicable to hotels. Hotels shall be subject to the following regulations, in addition to all other applicable requirements of this article and of this chapter. If the following requirements conflict with other applicable requirements of this chapter, the more restrictive requirement shall apply:
(1) 
Hotels shall be located on properties that have frontage upon and direct access to a state highway.
(2) 
Hotels shall be located on properties that contain at least four contiguous acres of developable area, which shall exclude all floodways, freshwater wetlands and wetland transition areas.
(3) 
Hotels shall contain at least 100 lodging units or guest rooms.
D. 
Amusement devices. Amusement devices are permitted as an accessory use only. Said amusement devices, where permitted as an accessory use, shall meet all of the following requirements:
(1) 
There shall be 60 square feet of operating area for each amusement device. The calculation of the operating area shall exclude any area of the premises which is used for other purposes but shall include access- and walkways primarily serving the amusement device.
(2) 
The maximum area devoted for all amusement devices, at a ratio of 60 square feet for each device, shall not exceed 25% of the gross floor area of the establishment.