[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:
(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).
(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:
(9)
Food services and drinking places (722), including but not limited
to sit-down, drive-in, drive-through, and take-out restaurants.
(11)
Business, administrative and professional offices.
(12)
Hotels.
(13)
Veterinary services (541940).
The following accessory uses shall be permitted in the B-10W
Zone District:
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.
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.
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.
