A. 
The Downtown Business District is designed to aid in the continued economic strength and revitalization of the Township's central business district by affording expanded opportunities for appropriate commercial enterprises together with adequate design controls to affect a physical aesthetic tied to the cultural and architectural fabric of the area.
B. 
In the Downtown Business Districts, the following regulations shall apply.
[Amended 2-21-2007 by Ord. No. 2007-1; 8-25-2016 by Ord. No. 2016-09]
A. 
Permitted uses:
(1) 
Existing residential buildings, including single-family dwellings, subject to the area and yard requirements of the R-2 District (§ 205-21) and permitted accessory uses and structures of the RA District (§ 205-13).
(2) 
Apartments above storefronts.
(3) 
Retail sale of goods and the provision of personal services for local needs and local consumption exclusively which shall include only the following:
(a) 
Sale of goods, including only the following:
[1] 
Groceries;
[2] 
Meat and poultry, provided no slaughtering of animals is performed on the premises;
[3] 
Bakeries, provided that all goods baked or prepared on the premises shall be for sale on the premises;
[4] 
Beer, wine, liquors, brew pubs, craft breweries and distilleries;
[5] 
Pharmaceuticals and the goods and services customarily associated therewith; excluding drive-through facilities;
[6] 
Flowers and plantings;
[7] 
Confectionery, including soft drinks and similar nonalcoholic refreshments which may be consumed on the premises;
[8] 
Stationery supplies, tobacco, periodicals, newspapers and books;
[9] 
Sporting goods and toys;
[10] 
Hardware;
[11] 
Clothing, shoes and accessories customarily associated therewith;
[12] 
Jewelry sales and repair;
[13] 
Furnitures and antiques;
[14] 
Gifts;
[15] 
Arts and crafts.
[16] 
Electronics
(b) 
Personal services, including only the following:
[1] 
Barber and beauty shop operations;
[2] 
Custom tailoring and dressmaking;
[3] 
Dry-cleaning services;
[4] 
Shoe repair;
[5] 
Art schools and training centers (including performing and visual arts);
[6] 
Day-care center (child and adult);
[7] 
Fitness and exercise facility;
[8] 
Bed-and-breakfast facility;
[9] 
Museum/art gallery; and
[10] 
Martial arts school.
(4) 
Business, professional, and government offices, excluding client-based social service providers.
(5) 
Banks with drive-through facilities.
(6) 
Restaurants, delicatessens, cafes, and similar uses, excluding fast-food service and drive-in and drive-through facilities.
(7) 
Combinations of any of the above in a single building.
B. 
Prohibited uses. Any other use not specifically permitted is prohibited.
The below uses are permitted, provided that said uses are able to comply with the specifications and standards as set forth herein:
A. 
Crafts or custom operations where articles are made and sold on-site, provided that all nonretail activities shall be effectively screened from the sales/display area.
B. 
Senior citizen residential. Housing restricted to senior citizens in conformance with federal or state law.
(1) 
Minimum lot size: two acres.
(2) 
Maximum density: 40 units per acre.
(3) 
Maximum building height: three stories or 40 feet.
(4) 
Maximum building cover: 40%.
(5) 
Maximum total cover: 75%.
(6) 
Building setback from any right-of-way: 40 feet.
(7) 
On-site parking shall be provided at one space per unit.
C. 
Funeral homes, subject to the following conditions:
[Added 2-21-2007 by Ord. No. 2007-1]
(1) 
The building and site design shall be compatible with and complement the adjoining land uses, consistent with the yard and bulk requirements of the particular zone.
(2) 
A funeral home shall not be located within 500 feet of an existing or proposed residential health-care facility or hospital. Measurement shall be from the proposed front door of the funeral home, along the shortest route able to be traveled along a public street or roadway and terminating at the existing or proposed front door of the residential health-care facility or hospital.
(3) 
The structure shall be designed so that transporting of human bodies or remains into the facility shall be totally enclosed within the structure.
(4) 
No other principal use shall be allowed on the property that is not related to the direct operation of the funeral home business, except that of a caretaker's residence, so long as it is part of the main funeral home structure and the resident thereof is an owner or employee of the funeral home business conducted on the premises.
(5) 
One loading space shall be provided adjacent to the structure for receipt and delivery of supplies and materials utilized within the funeral home other than for transport of human bodies or remains.
(6) 
No parking shall be allowed in the front yard area of the premises.
(7) 
The buffer to surrounding uses shall not be less than 25 feet and shall be sufficiently landscaped as determined by the Board so that motor vehicle and pedestrian activity on the site is screened and buffered year round.
(8) 
Parking spaces.
(a) 
The minimum parking required on site shall be computed as the greater of the following:
[1] 
One parking space for each three seats in the chapel area(s); or
[2] 
One space for each four persons legally admitted by the Fire Code for the structure.
(b) 
In addition to the parking required by Subsection C(8) above, the following shall be required:
[1] 
If a caretaker's residence is included, two additional spaces shall be provided for the caretaker's use; and
[2] 
If a separate enclosed garage, as an accessory building, does not make provision for garaging of the funeral home vehicles within the building, two additional exterior parking spaces shall be provided.
(c) 
These requirements may be reduced by the Board, upon submission by the applicant of acceptable proof as to specific need requirements.
(9) 
Adequate on-site circulation shall be provided within the parking lot driveway aisles to accommodate procession stacking for a minimum of 12 vehicles.
(10) 
Adequate testimony shall be provided confirming that the funeral home will be provided with adequate traffic control and safety during the time of associated services and funerals.
(11) 
Lighting.
(a) 
Site lighting shall be provided by a combination of pole or building-mounted lights that are compatible with residential uses, not exceeding 12 feet in height from ground level. Ground level lighting shall be provided for unlighted sidewalk and/or pedestrian areas.
(b) 
Lighting intensity shall not exceed 0.1 footcandle, measured at the property line of the funeral home. Lighting shall be designed to control off-site glare and uplighting, and shall be dimmed to security levels after associated services and funerals.
(12) 
No crematory, receiving vault, preparation room or display of funeral equipment shall be visible from the outside of the building in which it is located.
D. 
Outdoor displays.
[Added 2-21-2007 by Ord. No. 2007-1]
(1) 
Purpose. The outdoor display of attractive goods and merchandise can add color and interest to the streetscape, while attracting customers to businesses in designated areas in the Township.
(2) 
Outdoor display of merchandise. The outdoor display of merchandise, including samples or examples of merchandise for sale, shall be prohibited except as permitted in this section:
(a) 
Outdoor displays of merchandise shall be permitted directly in front of a retail establishment whenever the retail establishment is open for business.
(b) 
Except as otherwise provided in this section, nothing herein shall permit the display or storage of merchandise on any stairways, sidewalks, fire zones, or driveway and roadway sight triangles, or in the area between any sidewalk and public roadway or in any area that would impede or encumber normal pedestrian or vehicular traffic.
(c) 
Outdoor displays of the following merchandise shall be permitted at all times and, except as provided in Subsection D(2)(b) above, shall not be subject to this section:
[1] 
Nursery stock or garden materials displayed or stored at a garden center establishment that has received site plan approval for such outdoor display.
(d) 
Nothing in this section shall prevent the outdoor display of merchandise during sidewalk sales, as and when authorized by resolution of the Township Council, and which comply with the following conditions and any additional conditions of any such resolution as to hours and permitted days:
[1] 
Sidewalk sales are limited to sidewalks directly adjacent to the retail establishment; and/or
[2] 
Display areas may not extend more than four feet perpendicularly from the foundation plantings, or foundation if there are no plantings, into the sidewalk, and shall leave at least a three-foot-wide continuous unobstructed sidewalk area for normal pedestrian traffic.
(3) 
Outdoor displays of merchandise, when permitted, shall conform to the following requirements:
(a) 
Be designed to add color and interest to the streetscape and be maintained in a sanitary, safe, litter-free and orderly condition at all times;
(b) 
Be merchandise for sale by the retail establishment operated in the store or building but not be an extension of a merchant's sale or storage areas;
(c) 
Be displayed only during regular business hours of the business;
(d) 
Be removed at the close of the business day;
(e) 
Except with respect to displays on front porches, be limited to not more than 50 square feet in area;
(f) 
Adequate provisions shall be provided to prevent windblown effects on the outdoor display.
(g) 
No clothes racks may be placed outdoors.
(h) 
Displays of merchandise must be incidental to the storefront and not obscure the storefront from view.
(i) 
No signs other than descriptive boards measuring no more than 0.5 square foot each are permitted with the outdoor display of goods and merchandise.
(4) 
Enforcement. The Police Department and the Zoning Officer of the Township of Maple Shade shall enforce the terms of this Subsection D.
(5) 
Penalty. Violators of this Subsection D shall be subject to the penalties set forth in § 205-85.
E. 
Outdoor seating for restaurants and other food establishments.
[Added 2-21-2007 by Ord. No. 2007-1]
(1) 
Prior to creating permanent or temporary outdoor seating, the restaurant shall receive site plan approval or waiver from the Planning Board.
(2) 
The location of the outdoor seating and/or tables may not be established on a municipal or private sidewalk or interfere in any way with any public or private easement, except with the written permission of the Township or the private entity having rights to said easement.
(3) 
The area designated for such outdoor service shall be cordoned off from nonservice areas. Planters, post with ropes, wrought-iron railings, or other removable enclosures are encouraged and shall be used as a method for defining the outdoor seating area.
(4) 
Extended awnings, canopies, or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors. Any coverings; whether awnings, umbrellas, or any other appropriate covering, shall not contain any advertising, whether written or symbolic.
(5) 
A minimum of five feet of sidewalk along the curb leading to the entrance of the establishment shall be maintained free of tables and other encumbrances to allow for pedestrian circulation.
(6) 
All outdoor seating areas shall be supervised during the hours of operation.
(7) 
Music, whether live or recorded, may be played in such outdoor seating area; however, the volume of such shall be in compliance with state and federal regulations and shall not disturb adjoining landowners and/or create a nuisance.
(8) 
There shall be no outdoor cooking allowed.
(9) 
A portable service counter is permissible, provided that same does not encumber pedestrian traffic or create a fire or health hazard.
(10) 
Freestanding signs in the outdoor dining area are prohibited; however, a one-foot by three-foot menu board may be located within the cordoned area.
(11) 
All floor areas must be level and stable.
(12) 
Seating areas located adjacent to residential uses shall be appropriately screened with fencing and landscaping as deemed necessary and specifically approved by the approving authority.
(13) 
The number of tables shall not exceed the number of tables in the enclosed area of the restaurant.
(14) 
All sanitary code, alcoholic beverage requirements, and all other laws and regulations shall apply to the outdoor seating unless specifically excluded.
(15) 
The operators of outdoor cafes shall be responsible for maintaining a sanitary, safe litter-free, and well-kept appearance within and immediately adjacent to the area of their activities.
(16) 
Outdoor seating areas shall not be located in required parking and/or loading areas and shall not impede pedestrian or vehicular traffic.
(17) 
No glare from exterior lighting of the outdoor shall shine into windows or onto streets and driveways in a manner as to negatively impact adjacent residential dwellings or interfere or distract driver vision.
(18) 
Outdoor cafes shall be required to provide adequate outdoor trash receptacles.
(19) 
Tables, chairs, planters, trash receptacles, and other elements of the outdoor seating use shall be compatible with the architectural character of the building where the establishment is located.
(20) 
Outdoor cafes shall not be entitled to additional signage, over and beyond what is permitted for this use.
(21) 
All outdoor furniture used in accordance with this chapter shall be secured and/or covered at all times except during operation of the outdoor seating area.
For buildings used in whole or in part for nonresidential uses, the following area and yard requirements shall apply:
A. 
Lot area. A minimum lot area of 5,000 square feet shall be provided.
B. 
Not more than 70% of the area of each lot may be occupied by buildings or structures with a maximum impervious lot coverage not to exceed 85%.
C. 
Yards. Front, side, and rear yards shall be provided on each lot as follows:
(1) 
Front yard. One yard, not less than 20 feet in depth, subject to the provisions of § 205-76.
(2) 
Side yards. None required for a building used for commercial purposes, except that where a lot abuts a residence district or a street on the side lot line, a side yard shall be provided which shall be not less than 20 feet in width. In any case where side yards are provided, although they are not required, each such yard shall be not less than five feet in width.
(3) 
Rear yard. There shall be a rear yard on each lot which shall not be less than 20 feet in depth, provided that, where a lot abuts a residence district on the rear lot line, each such rear yard shall be not less than 30 feet in depth.
No building or structure shall exceed 40 feet in height measured from grade. The height of roof-mounted structures shall not exceed the distance from the nearest property line to the base of the structure.