The B-C District and its regulations are intended
to promote single use small-scale businesses and services in a downtown
commercial district which serves the daily needs of the Borough and
surrounding local areas. The district regulations intend to recognize
and preserve the historic character of the Borough's central core,
to discourage land uses which are not compatible with pedestrian traffic
and to encourage the implementation of new municipal shopper parking
areas and better utilization of existing lots.
[Amended 3-25-2010 by Ord. No. 05-10; 11-10-2022 by Ord. No. 25-22]
The following shall be permitted principal uses
in the B-C District:
A.
Retail sales business.
B.
Restaurants, cafes, taverns and other food and beverage
establishments, excluding those with drive-up facilities.
C.
Banks and financial offices.
D.
Studios for instruction in the arts, dancing, music,
languages, photography and similar activities.
E.
Professional and real estate offices on upper floors
and accessed via a front door entrance.
F.
Retail service businesses limited to hair-cutting,
tailoring, beauty parlors, nail salons, massage, bodywork or somatic
therapy establishments, and retail dry-cleaning shops, not including
bulk processing on or from the premises.
G.
Travel agencies.
H.
Residential apartments on upper floors.
I.
Institutional
uses.
J.
Theaters.
K.
Hotels.
L.
Breweries
and distilleries.
M.
Rooftop
terraces.
N.
Temporary
uses in existing vacant storefronts.
The following shall be permitted accessory uses
in the B-C District:
[Amended 3-25-2010 by Ord. No. 05-10; 11-10-2022 by Ord. No. 25-22]
A.
None of the foregoing uses shall be construed to include
either as principal or accessory uses: price or club retail or warehouse
uses, auction establishments, commercial recreational uses, flea markets,
industrial, manufacturing, processing or assembly uses, warehousing
or storage uses, junkyards, motor vehicle sales or service establishments
or gas stations or similar auto-oriented uses, funeral service uses,
or public or private schools.
[Amended 12-17-2007 by Ord. No. 22-07]
A.
Bulk and dimensional requirements in the B-C District
shall be as follows:
(1)
Minimum lot area: 2,500 square feet, except that freestanding
office buildings, banks and restaurants shall be located on a minimum
ten-thousand-square-foot lot.
(2)
Minimum lot width: 25 feet, except that freestanding
office buildings, banks and restaurants shall be located on a lot
which has a minimum lot width of 100 feet.
(3)
Minimum lot depth: 100 feet.
(5)
Minimum rear yard: 55 feet.
(6)
Minimum side yard: zero feet, except that new freestanding
office buildings, banks and restaurants shall have a minimum side
yard setback of 12 feet.
(7)
Maximum building height: three stories or 40 feet,
whichever is less.
(8)
Maximum building coverage: 70%.
(9)
Minimum nonimpervious area: 10%.
(10)
Maximum building size: 100 feet of length or
width for freestanding, nonadjacent buildings.
(11)
Minimum interior courts and yards: No interior
open space measured between buildings on the same lot shall have a
dimension less than 20 feet.
(12)
Off-street parking: To the extent practical, off-street parking as required by Chapters 170 and 171 shall be provided in the rear yard of the use intended to be served; however, the Land Use Board, in its sole discretion, when reviewing applications for development in the B-C District, shall have the authority to grant exceptions from the parking requirements when the applicant demonstrates, and the Board specifically finds, that sufficient on-street or municipal parking exists nearby to serve the proposed development.
[Amended 12-13-2012 by Ord. No. 26-12]
B.
[1]Rooftop terraces shall comply with the following standards:
[Added 11-10-2022 by Ord. No. 25-22]
(1)
Rooftop decks shall be for residential building tenants only.
(2)
The rooftop decks shall not be used between 12:00 midnight and 6:00
a.m., and all lights shall be turned off during these hours.
(3)
Sound systems shall not be installed on rooftop decks, and a sign
containing the Borough Noise Ordinance requirements and rooftop deck
rules shall be posted on the rooftop deck.
(4)
For a rooftop deck to not qualify as a story, enclosed spaces on
a rooftop deck shall be limited to:
C.
Retail sales uses shall be permitted to have sidewalk
displays of retail merchandise.
(1)
Sidewalk displays are permitted and limited to the
sidewalk area directly in front of the retail establishment which
owns the display. At least six feet of clearance shall be maintained
at the storefront entrance, for adequate and unimpeded pedestrian
access. The display shall be located against the building wall and
shall be not more than three feet deep. The display area shall not
exceed 75% of the length of the storefront.
(2)
Displays and display cases, shelves and other equipment
shall be permitted outdoors only during normal daylight business hours
and shall be removed at dusk. Cardboard boxes shall not be used for
sidewalk displays.
(3)
Sidewalk displays shall be maintained in a clean,
litter-free and well-kept condition at all times and shall be compatible
with the building from which the business operates.
D.
Supplemental sign requirements in addition to Article IV, Signs, of this chapter shall apply to business signs in the B-C District as follows:
(1)
Signs affixed to the exterior of a building shall
be architecturally compatible with the style, composition, materials,
colors and details of the building, as well as with other signs used
on the building or in its vicinity.
(2)
All signs shall be designed to fit within the existing
facade features of the building and shall not interfere with door
and window openings, conceal architectural details or obscure the
composition of the facade on which they are located.
(3)
Whenever possible, signs located on buildings within
the same blockfront shall be placed at the same height to establish
an orderly and consistent sign band along the street frontage.
(4)
Wood, painted metal and durable composite materials
of similar appearance texture and density are the preferred materials
for signs. Flat signs shall be framed with raised edges. Only high-quality
exterior grade materials and finishes shall be used.
(5)
Sign colors shall be visually compatible with the
colors of the building facade and adjoining buildings. A dull or matte
sign finish is recommended to reduce glare and enhance legibility.
(6)
Signs shall be either spotlighted or backlighted with
a diffused light source. Nothing in this subsection shall prohibit
a neon sign being placed inside a window, provided that such signs
shall comply with all other applicable sign design standards and regulations.
Neon signs are defined as signs that contain glass tubes filled with
neon, phosphors or like materials, or that use fiber optics, bent
to form letters, symbols or other shapes.
(7)
Signs shall be securely mounted in a manner that conceals
the method of installation.
(8)
Outdoor neon signs are prohibited. Only neon signs
located within windows shall be permitted.
(9)
Neon lighting that outlines windows or architectural
features such as doors, roofs, cornices and the like is prohibited.
(10)
Flashing, moving, animated or intermittent neon
signs are prohibited.
(11)
All neon signs shall comply with all standards
established by the National Electrical Safety Code and any other applicable
safety standards, and shall be UL certified.
(12)
All neon signs shall be extinguished by 11:00
p.m. or the time of closing of the business served by the sign, whichever
is later.
(13)
A-frame signs.
[Amended 9-22-2011 by Ord. No. 09-11]
(a)
An A-frame sign (as defined in this § 172-61) shall be permitted by business owners as provided in this Article VI. An "A-frame sign" shall be defined as a portable, free-standing, self-supporting sign made of durable material that contains two sign faces that are hinged or otherwise fastened at the top such that when viewed from the side, it forms a triangle or "A" shape. An A-frame sign is only intended to inform the public of a unique happening, action, purpose, or occasion or to advertise sale or seasonable items.
(b)
An A-frame sign shall be placed only upon the property of the business owner requesting the right to display an A-frame sign, or if a tenant of the business owner desires to display an A-frame sign, such tenant shall adhere to the requirements of this Article VI. The owner of the property upon which such an A-frame sign is erected shall be responsible for the acts of its tenant in utilizing the property of such business owner.
(c)
Any business owner requesting the right to display an A-frame sign
shall apply for and have issued a permit by the Borough of Rockaway
before such business owner may display such sign. There shall be imposed
an annual fee of $50. The application must be submitted to the Zoning
Officer not later than 10 days prior to the display of an A-frame
sign. Any tenant of a business owner must have the written consent
of the business owner or owner of the property from which the A-frame
sign shall be displayed.
(d)
No more than one A-frame sign may be permitted as defined in this Article VI. If a business owner shall have more than one tenant in his building who wishes to utilize A-frame signs, no tenant shall be permitted to display more than one A-frame sign.
(e)
Size of A-frame signs. If a business owner makes application for
one A-frame sign, such A-frame sign shall not, in any event, exceed
42 inches tall by 36 inches wide each side.
(f)
Setback requirements. Any A-frame sign shall not be closer to any
side line of the property owned by the business owner or leased from
the business owner than 10 feet from said side line. No A-frame sign
shall be strung across any roadway nor shall such sign be affixed
to any utility pole. No such A-frame sign shall be affixed to any
other structure adjoining the property of the business owner or tenant
of the business owner.
(g)
Any A-frame sign shall be securely attached at the top and bottom
corners of the metal or other durable structure frame designed to
hold such A-frame sign.
(h)
Any A-frame sign shall not present any visibility obstruction for
vehicles.
(i)
Any A-frame sign shall be placed on the sidewalk allowing at least
one-half the width of the sidewalk as clearance for adequate and unimpeded
pedestrian access.
(j)
Any A-frame sign must be stored inside the place of business when
the business is closed.
(k)
Any A-frame sign shall not present any hazard for the general public.
(l)
Any A-frame sign may not contain moving parts or have balloons, streamers
and flags of any size (unless such flag shall have a qualified right
to be displayed on property), posters, fluorescent paint, ribbons,
steamers, strings of light bulbs, spinners or any other similar types
of devices, whether or not they contain a message.
E.
The following outdoor lighting guidelines shall be
applicable in the B-C District:
(1)
Street lights shall be decorative fixtures of the
standard design as approved by the electric utility company serving
the Borough.
(2)
Streets and sites shall provide adequate lighting
and minimize adverse impacts, such as glare and overhead sky glow,
on adjacent properties and the public right-of-way. Light shields
shall be provided where fixtures abut a residential use.
(3)
Along sidewalks, walkways, courtyards, community greens
and interior open spaces, twelve-foot-high decorative lampposts shall
be installed in accordance with a lighting plan which shall be approved
by the Land Use Board on recommendation of the Borough Engineer.
[Amended 12-13-2012 by Ord. No. 26-12]
(4)
In parking lots for more than 10 cars, lamppost heights
may be increased to a maximum height of 16 feet.
(5)
Use of minimum wattage metal halide or color corrected
sodium light sources is recommended. Non-color-corrected low-pressure
sodium and mercury vapor light sources are prohibited.
(6)
Building facade lights and yard post lighting shall
be incorporated into the overall lighting plan design.
F.
The following urban design elements and treatments
and site details are encouraged within the B-C District wherever practical
and as will be approved by the Land Use Board at site plan review:
[Amended 12-13-2012 by Ord. No. 26-12]
(1)
Special ground texture treatments, including the use
of paving brick, stamped concrete, paver walks and crosswalks, buildings
or structures of historic or architectural merit and other uses or
structures which create focal points within the Borough Center.
(2)
Landscape site details and street furniture including
traditional style benches, decorative trash receptacles, ornamental
tree grates and planters and planting beds edged with belgian block,
brick or other decorative masonry materials.
(3)
Street trees which are tolerant of an urban environment
including zelkova, littleleaf linden, honey locust, green ash, london
plane, red maple, Bradford callery pear and redspire pear.
(4)
Fences, low walls, ornamental ironwork and hedges
are permitted where appropriate to define courtyards, parking areas,
pedestrian walks and like spaces. Masonry elements may include brick,
stone or stucco. All fencing shall be of traditional design and shall
have decorative caps, rails and posts. Chain link fencing shall not
be used for decorative purposes and shall only be used if approved
by the Land Use Board at site plan review.
