[Amended 7-18-1990 by Ord. No. 21-1990; 8-20-1990 by Ord. No. 26-1990; 4-21-2003 by Ord. No. 10-2003; 12-17-2007 by Ord. No. 59-2007; 11-17-2008 by Ord. No. 32-2008; 4-18-2011 by Ord. No. 15-2011; 4-16-2012 by Ord. No. 24-2012; 4-1-2013 by Ord. No. 13-2013]
A. 
Specific intent. It is the purpose of the C-1 Zone District to provide single-user, small-scale retail and service facilities which have a relatively low impact on transportation infrastructure and which primarily service the daily needs of the public.
B. 
Use regulations.
(1) 
Uses by right. In any C-1 District, lands, buildings or premises shall be used by right for only one of the following, and no single store or entity shall occupy a floor area in excess of 10,000 square feet.
[Amended 4-21-2014 by Ord. No. 9-2014]
(a) 
Food market.
(b) 
Drugstore.
(c) 
Bakery.
(d) 
Clothing.
(e) 
Shoe store and repair.
(f) 
Jewelry store.
(g) 
Gift shop, florist shop.
(h) 
Book store, stationery store.
(i) 
Radio, TV and music store, computer technology.
(j) 
Variety store.
(k) 
Dry goods and notions store.
(l) 
Hardware store, sporting goods.
(m) 
Barber and beauty shops.
(n) 
Dry-cleaning and laundry pickup shops.
(o) 
Tailors and dressmaker shops.
(p) 
Self-service laundry.
(q) 
Newspaper and magazine sales.
(r) 
Multitenant or single-tenant professional office.
(s) 
Post office.
(t) 
Bank.
(u) 
Library.
(v) 
Art or dance studio.
[Added 7-6-2015 by Ord. No. 15-2015]
(2) 
Permitted conditional uses. The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform with the additional standards provided herein and in Article XXI of this chapter.
(a) 
Convenience store, provided that it shall be the sole use on a lot, it shall not be permitted to sell motor vehicle fuels and/or household fuels, and that the following standards shall be met:
[1] 
Minimum required lot area:
[a] 
Lot served by public water and public sewer: 22,000 square feet.
[b] 
Lot not served by public sewer and public water: 43,560 square feet.
[2] 
Minimum street frontage: 125 feet.
[3] 
Minimum lot width: 125 feet.
[4] 
Minimum lot depth: 175 feet.
[5] 
Minimum building setback from any lot line abutting a street shall be:
[a] 
From an arterial street: 50 feet.
[b] 
From a collector street: 50 feet.
[c] 
From a local street: 100 feet.
[6] 
Minimum building setback from any side lot line: 20 feet.
[7] 
Minimum building setback from any rear lot line: 50 feet.
[8] 
Maximum building height: 35 feet.
[9] 
Minimum landscape buffer along any property line: not less than 20 feet in width.
[10] 
Maximum permitted impervious coverage: 60%.
[11] 
Maximum permitted building coverage: 25%.
[12] 
Off-street parking: at the rate of one parking space for each 125 square feet of gross floor area.
[13] 
Driveways providing ingress and egress to a site and the off-street parking spaces: arranged so that vehicles exiting parking spaces shall not block the 25 feet of a driveway entrance aisle nearest the street line.
[14] 
Signs in conformance with the requirements of Article XIII.
C. 
Area and bulk regulations: uses by right.
(1) 
Lot size: 22,000 square feet minimum.
(2) 
Lot width at building setback line: 100 feet minimum.
(3) 
Lot coverage: 35% maximum.
(4) 
Front setback: 35 feet minimum.
(5) 
Side yards: twenty-foot aggregate total with an eight-foot minimum each.
(6) 
Rear yards: 20 feet minimum.
(7) 
Height: 35 feet maximum or three stories.
D. 
Other requirements: off-street parking, loading and unloading, signs, open space and all other applicable supplemental regulations as required by Articles XVII, XII and XVIII of this chapter. All applications shall be reviewed in the context of the Site 3 and Site 4 development considerations photographs in the July 2008 Master Plan Re-examination Report.
E. 
Zone boundaries. Lands designated to be zoned C-1 Village Center District by lot and block number identification:
(1) 
Block 11, Lot 6;
(2) 
Block 20, Lots 7 and 8;
(3) 
Block 21, Lots 1, 2, 3, 4, 4.01, 4.02, 5, 6, 7, 8, 9, 9.01, 12, 13, 14 and 15;
(4) 
Block 22, Lots 1, 1.01, 1.02, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 11.01, 11.02, 13.01 and 16;
(5) 
Block 25, Lots 10.01, 10.02, 11, 12, 14, 15, 16, 17, 18, 19, 19.01, 19.02, 19.03, 20 and 21;
(6) 
Block 25, part of Lot 10 on Route 322;
(7) 
Block 26, Lots 1, 2 and 3;
(8) 
Block 29, Lots 6, 6.01, 6.02, 7, 16 and 17;
(9) 
Block 31, Lot 11.06;
(10) 
Block 39, Lots 5.01, 6, 6.01, 7, 8, 8.01, 9, 9.01 and 10;
(11) 
Block 41, Lots 1, 1.01, 2, 2.01, 3, 4, 5.01, 6 and 7;
(12) 
Block 61, Lot 6;[1]
[1]
Editor's Note: Former Subsection E(13), Block 73, Lots 2 and 3, which immediately followed this subsection, was repealed 5-16-2016 by Ord. No. 7-2016.
F. 
Permitted accessory uses.
(1) 
Solar panels erected on the roof of a building or on the ground, subject to meeting all of the requirements of § 225-132D.
[Added  11-1-2004 by Ord. No. 35-2004]
A. 
Specific intent. The purpose of the VB Village Business District is to promote and encourage, for the satisfaction of the daily needs of residents, the introduction of a variety of low-intensity commercial and retail uses within planned developments contiguous to, or in close proximity to, a future curvilinear roadway connecting Route 322 with Woodland Avenue allowing for an efficient and orderly massing of economic activity.
B. 
District boundaries. The lands described below, referencing the blocks and lots of the Harrison Township Tax Map, are classified as VB Village Business: Block 64, Lots 1, 2, 3, 3.01, 3.02, 4, 14, 21, and that portion of Lot 9 as indicated on the Harrison Township Zoning Map.
C. 
Use regulations. A building or buildings may be erected, altered or used on a lot for any one of the following uses, or a combination of the uses enumerated below, provided they are situated within a planned development:
[Amended 6-1-2009 by Ord. No. 19-2009]
(1) 
Office uses, to include administrative, general, medical and professional.
(2) 
Bed-and-breakfast.
(3) 
Personal service, limited to: barbershop, beauty shop, tailor shop, and dressmaker.
(4) 
Laundry drop-off/pick-up, and dry cleaners, provided no on-site processing.
(5) 
Restaurant, which may include a sidewalk cafe, or outdoor seating. Drive-through and drive-in restaurants are prohibited.
[Amended 4-16-2012 by Ord. No. 24-2012]
(6) 
Coffee shop or tea room, which may include outside service. Drive-through and drive-in restaurants are prohibited.
[Amended 4-16-2012 by Ord. No. 24-2012]
(7) 
Travel agency.
(8) 
Physical fitness and martial arts centers.
(9) 
Banks and other financial institutions.
(10) 
Dance studio.
(11) 
Public community facilities, limited to libraries and post offices.
(12) 
Photography or artist studio or gallery.
(13) 
Shoe repair.
(14) 
Ice cream parlor.
(15) 
Bakery.
(16) 
Retail stores and boutiques for the retail of: antiques, jewelry, flowers, books and stationary, clothing, dry goods, hardware, sporting goods, newspapers and magazines, camera, luggage, gourmet food, cosmetics, tobacco products, craft and hobby materials, radio, television, and music equipment and entertainment systems, confections, and general gifts.
(17) 
Butcher shop.
(18) 
Substation, telephone, electric and gas utilities, sewerage lift stations, water pumping stations, or similar public utilities facilities.
(19) 
Permitted principal uses enumerated for the Professional Office District (§ 225-70).
D. 
Special design requirements.
(1) 
Development is to promote context-sensitive design through the utilization of architectural themes, features, colors, and materials compatible with existing development.
(2) 
Off-street parking is to be provided in accordance with the requirements established herein, except that the number of stalls provided is not to exceed 105% of the stated requirement.
(3) 
Parking facilities are to be provided in side and rear yards but not within the rear or side yard setbacks.
(4) 
Points of connection are to be provided for parking facilities of adjoining uses within the same planned development.
(5) 
Parking and loading areas are to be buffered from the view of streets, adjacent properties, residential uses, and residential zones.
(6) 
A traffic study is to be submitted in conjunction with any development proposal, adequately demonstrating the amount of traffic to be generated and capacity of the existing roadway network to absorb expected traffic volume. Such study must clearly demonstrate a finding of no significant impact, or provide measures to be taken to alleviate expected traffic impact, which measures must be acceptable to the reviewing board.
(7) 
To the greatest extent practicable, provided green space is to be set aside in a contiguous arrangement.
(8) 
Each development proposal is to incorporate, as an integral component of development, the provision of easements as may be found necessary to facilitate pedestrian access to Main Street.
(9) 
Where proposed development abuts a residential zone or residential use, a buffer in accordance with § 225-138, having a minimum width or depth of 25 feet, is to be provided in addition to any required yard setback and shall comply with the below standards:
(a) 
Buffering design is to ensure a year-round high and low visual screen and consist of evergreen and deciduous trees and shrubs.
(b) 
More than one species of evergreen and deciduous trees is to be provided to reduce the effects of potential tree disease.
(c) 
Berms having a minimum height of six feet are to be provided along mutual borders along the eastern and western boundaries with existing residential uses or zones.
(d) 
Additional buffering features are to be provided as may be found necessary by the board having jurisdiction.
(e) 
All berm and buffering features must contain a meandering element subject to the Planning Board's review and approval.
(10) 
All other landscaping and buffering shall conform with the standards established in § 225-138.
(11) 
Signs shall be as permitted by Article XIII.
(12) 
No building line shall be positioned less than 125 feet from the Village Business District boundary.
E. 
Area and yard requirements.
(1) 
Minimum tract area: 10 acres.
(2) 
Minimum lot area: 15,000 square feet.
(3) 
Maximum building size: 8,000 square feet.
(4) 
Minimum lot width: 100 feet.
(5) 
Minimum frontage: 75 feet.
(6) 
Maximum front yard: 35 feet.
(7) 
Minimum front yard: 20 feet (applicable other than where abutting Woodland Avenue or NJSH 322).
(8) 
Minimum side yard: 25 feet.
(9) 
Minimum rear yard: 50 feet.
(10) 
Minimum building interval: 50 feet.
(11) 
Maximum building coverage: 45%.
(12) 
Maximum impervious coverage: 75%.
(13) 
Maximum building height: 35 feet.
F. 
Accessory uses.
[Amended 4-18-2011 by Ord. No. 15-2011]
(1) 
Signs in accordance with the provisions of Article XIII of this chapter as may be amended from time to time.
(2) 
Off-street parking facilities in accordance with the provisions of Article XII of this chapter as may be amended from time to time.
(3) 
Solar panels erected on the roof of a building or on the ground, subject to meeting all of the requirements of § 225-132D.
A. 
Specific intent. It is the purpose of the C-2 General Commercial District to make appropriate provision for commercial activities which are basically oriented to automotive use and traffic. This includes service-type businesses which ordinarily require major arterial locations and serve regional as well as local customers.
B. 
Uses by right. In any C-2 District, land, buildings or premises shall be used by right for one or more of the following:
[Amended 7-18-1990 by Ord. No. 20-1990]
(1) 
General merchandise stores, including department stores, "5 and 10" variety stores, general merchandise discount stores, drugstores, and sporting goods.
(2) 
Apparel and accessories stores, including shoe stores, furriers, and custom tailors.
(3) 
Furniture, home furnishing and equipment, including household appliance stores, hardware, paint and glass stores, radio and television stores, including services.
(4) 
Food stores, including supermarkets, bakeries and confectionery shops where the production of baked goods is to be sold only at retail on the premises, dairy products, and meats.
(5) 
Eating establishments, including restaurants, lunch counters, delicatessens, tearooms, cafes, confectionery or similar establishments serving food or beverages which are consumed inside the establishment. Drive-through and drive-in restaurants are prohibited.
[Amended 4-16-2012 by Ord. No. 24-2012; 5-16-2016 by Ord. No. 7-2016]
(6) 
Gift shops, including camera, book, stationery, antique, musical supplies, cosmetics, candy, cigarettes and tobaccos, flowers, hobby, jewelry, leather and luggage shops.
(7) 
Offices for the conduct of medical and other professions, real estate and insurance and banks, including branch banks, messenger or telegraph services, and general and administrative offices.
(8) 
Business machine shops, sales and services.
(9) 
Personal service shops, including dry cleaning, barber, beautician, shoe repair, laundromat and tailor.
(10) 
Government offices serving the public, including a post office, or other public or semipublic offices.
(11) 
Indoor recreational facilities, including theaters and bowling alleys.
(12) 
Artists' and photographers' studios.
(13) 
Factory-authorized new automobile sales, agencies and services, including repair shops adjacent to and in connection therewith.
(14) 
Mortuaries.
(15) 
Libraries and museums.
(16) 
Motels/hotels and related facilities such as restaurants, meeting rooms, and auditorium spaces and swimming pools.
(17) 
Newspaper publishing and job printing.
(18) 
General service or contractors' shop, including carpenter, cabinetmaking, furniture repair, light metal working, garment manufacturing, tinsmith, plumbing, or similar shop.
(19) 
Business place of a builder, carpenter, caterer, cleaner, contractor, decorator, dyer, electrician, furrier, mason, painter, plumber, roofer, upholsterer, and similar non-nuisance businesses, excluding open storage of materials and excluding open storage of motor vehicles.
(20) 
Substation, telephone central office, electric and gas facilities, sewage lift stations, water pumping station, subject to the following special requirements:
(a) 
No storage of materials and trucks, and no repair facilities or housing of repair crews within completely enclosed buildings.
(b) 
The architectural design of the exterior of any building shall be in keeping with other structures in the neighborhood.
(21) 
Tourist, rooming or boarding house.
(22) 
Wholesale business establishment.
(23) 
Indoor storage building or warehouse.
(24) 
Veterinary hospital, provided no overnight boarding of animals is allowed unless directly associated with veterinary procedures and care being provided at the facility, and kennel, provided buildings and runs are not within 150 feet of any lot zoned for residential use.
[Amended 8-2-2005 by Ord. No. 35-2005]
(25) 
Laboratory, dental and medical.
(26) 
Exterminator.
(27) 
Catering establishment.
(28) 
Business and instructional school, not including trade school.
(29) 
Dance studios.
C. 
Accessory uses. Only the following accessory uses shall be permitted:
(1) 
Accessory use on the same lot with and customarily incidental to any of the above permitted uses.
(2) 
Solar panels erected on the roof of a building or on the ground, subject to meeting all of the requirements of § 225-132D.
[Added 4-18-2011 by Ord. No. 15-2011]
D. 
Permitted conditional uses. The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform with the additional standards provided herein and in Article XXI of this chapter.
[Added 7-18-1990 by Ord. No. 20-1990]
(1) 
Convenience store, provided that if the convenience store is the sole use on a lot that the following standards shall be met:
(a) 
Minimum required lot area:
[1] 
Lot served by public sewer and public water: 43,560 square feet.
[2] 
Lot not served by public sewer and public water: 65,340 square feet.
(b) 
Minimum street frontage: 200 feet.
(c) 
Minimum lot width: 200 feet.
(d) 
Minimum lot depth: 180 feet.
(e) 
Minimum building setback from any lot line abutting a street shall be:
[1] 
From an arterial street: 50 feet.
[2] 
From a collector street: 50 feet.
[3] 
From a local street: 100 feet.
(f) 
Minimum building setback from any side lot line: 20 feet.
(g) 
Minimum building setback from any rear lot line: 50 feet.
(h) 
Maximum building height: 35 feet.
(i) 
Minimum landscape buffer along any property line: not less than 25 feet in width.
(j) 
Maximum permitted impervious coverage: 60%.
(k) 
Maximum permitted building coverage: 25%.
(l) 
Off-street parking: provided at the rate of one parking space for each 125 square feet of gross floor area.
(m) 
Driveways providing ingress and egress to the site and the off-street parking spaces: arranged so that vehicles exiting parking spaces shall not block the 25 feet of a driveway entrance aisle nearest the street line.
(n) 
Signs in conformance with the requirements of Article XIII.
(2) 
Convenience store, provided that if it is located on the same lot with one or more uses permitted within this district that the standards contained in Subsection D(1) immediately above shall apply to all such uses, except that off-street parking for such other uses shall be as required in § 225-86 of this chapter.
(3) 
Gasoline station, provided that if the gasoline station is the sole use on a lot that the following standards shall be met:
(a) 
Minimum lot area:
[1] 
Lot with public sewer and public water: 43,560 square feet.
[2] 
Lot without public sewer and public water: 65,340 square feet.
(b) 
Minimum street frontage on each street on which a lot has frontage: 200 feet.
(c) 
Minimum lot width: 200 feet.
(d) 
Minimum lot depth: 180 feet.
(e) 
Minimum building setback from any lot line abutting a street shall be:
[1] 
From an arterial street: 50 feet.
[2] 
From a collector street: 50 feet.
[3] 
From a local street: 100 feet.
(f) 
Minimum building setback from any side lot line: 35 feet.
(g) 
Minimum building setback from any rear lot line: 50 feet.
(h) 
Minimum canopy setback from any lot line shall be not less than:
[1] 
From a lot line abutting a street: 50 feet.
[2] 
From a side lot line: 25 feet.
[3] 
From a rear lot line: 50 feet.
(i) 
Maximum building height: 35 feet.
(j) 
Minimum landscape buffer along any property line: not less than 25 feet in width.
(k) 
Maximum permitted impervious coverage: 60%.
(l) 
Maximum permitted building coverage: 25%.
(m) 
Off-street parking: provided at the rate of one parking space for each one 200 square feet of gross floor area; provided, however, that not less than five spaces shall be provided.
(n) 
Driveways providing ingress and egress to the site, parking spaces, and pump islands: arranged so that no vehicles shall block the 40 feet of a driveway entrance aisle nearest the street line.
(o) 
No driveway for ingress or egress shall be located closer than 150 feet to intersecting street lines.
(p) 
Minimum distance between driveways entering the same street: 100 feet.
(q) 
Minimum distance between a driveway and an adjoining property line: 25 feet.
(r) 
Minimum distance between a pump island and a street line or a side lot line: 40 feet.
(s) 
Minimum distance between two pump islands: 30 feet.
(t) 
Minimum distance between a pump island and a rear lot line: 50 feet.
(u) 
Signs in conformance with the requirements of Article XIII, except for those signs required by state and federal agencies for the posting of prices, etc.
(4) 
Gasoline station, provided that if it is located on the same lot with one or more uses permitted within this district that the standards contained in Subsection D(3) immediately above shall apply to all such uses, except that:
(a) 
Off-street parking for a convenience store shall be provided at the rate of one parking space for each 125 square feet of gross floor area.
(b) 
Off-street parking for all other uses shall be as required in § 225-86 of this chapter.
(5) 
Automobile service station, provided that if it is the sole use on a lot that the following standards are met:
(a) 
All the standards listed under Subsection D(3), except that additional off-street parking shall be provided at the rate of eight parking spaces per service bay.
(6) 
Automobile service station, provided that if it is located on the same lot with one or more uses permitted within this district that the standards contained in Subsection D(5) immediately above shall apply to all such uses, except that:
(a) 
Off-street parking for a convenience store shall be provided at the rate of one parking space for each 125 square feet of gross floor area.
(b) 
Off-street parking for all other uses shall be as required in § 225-86 of this chapter.
E. 
Area and bulk regulations.
(1) 
Lot size: 20,000 square feet minimum.
(2) 
Lot width at building setback: 100 feet minimum for all uses except gasoline service stations, supermarkets, and car washes. The latter uses shall have a width of 150 feet.
(3) 
Lot coverage: 50% maximum for inside lot, 40% for corner lot for all uses, except 30% maximum for gasoline service stations.
(4) 
Front setbacks: 40 feet minimum.
[Amended 9-7-2004 by Ord. No. 27-2004]
(5) 
Side yards: twenty-foot aggregate total with an eight-foot minimum each, provided that when a written agreement is provided by adjoining property owners, no side yard shall be required where two or more commercial uses abut side to side, between properties of separate ownership. In case of a series of abutting structures abutting and paralleling a public right-of-way, an open and unobstructed passage of at least 20 feet in width shall be provided at grade level at intervals of not more than 400 feet.
(6) 
Rear yards: 20 feet minimum.
(7) 
Height: 35 feet maximum or three stories.
F. 
Other requirements: off-street parking, loading and unloading, signs, open space and all other applicable supplemental regulations as required by Articles XII, XIII and XVIII of this chapter.
[Amended 9-7-2004 by Ord. No. 27-2004]
G. 
The existing C-2 General Commercial District shall be expanded to include the following parcels of land identified upon the Tax Map of the Township of Harrison:
[Added 12-17-2007 by Ord. No. 58-2007]
(1) 
Block 57, Lot 10.01.
(2) 
Block 5, Lot 7.03.
[Added 5-6-2013 by Ord. No. 16-2013]
[1]
Editor's Note: Former § 225-18, C-3 Shopping Center Commercial District, was repealed 8-6-2002 by Ord. No. 33-2002.
[Added 8-6-2002 by Ord. No. 33-2002; amended 7-6-2004 by Ord. No. 18-2004; 6-6-2005 by Ord. No. 22-2005; 8-2-2005 by Ord. No. 28-2005; 12-5-2005 by Ord. No. 45-2005; 7-31-2006 by Ord. No. 20-2006; 7-16-2007 by Ord. No. 32-2007; 4-18-2011 by Ord. No. 15-2011; 4-16-2012 by Ord. No. 24-2012; 5-6-2013 by Ord. No. 16-2013; 12-19-2018 by Ord. No. 42-2018; 3-4-2019 by Ord. No. 7-2019]
A. 
Specific intent. The intent of the C-55 Flexible Planned Industrial-Commercial District is to provide and encourage development of flexible planned industrial sites and planned commercial centers and to promote the orderly and sound development of multi-use areas, including certain limited manufacturing, and light industrial uses near major highways, in accordance with a comprehensive plan for achieving these objectives. Given the C-55 Flexible Planned Industrial-Commercial District mandates multi-use development within this zone, the configuration of uses upon a given lot is crucial. This section splits permitted uses within the C-55 Flexible Planned Industrial-Commercial Zone into two categories ("small commercial" and "large industrial") to ensure the intent of the zone is implemented through the proper configuration of multi-use areas.
B. 
General district regulations.
(1) 
Unified plan: Development in a Flexible Planned Industrial-Commercial District shall consist of unified, harmonious grouping of buildings, services, parking areas, buffer areas, and drainage areas where required, and landscaped open space, planned and designed as an integrated unit. To ensure unified, harmonious multi-use development in a Flexible Planned Industrial-Commercial District, smaller commercial uses (such as hotels and offices) shall be placed closer to public rights-of-way, while larger industrial uses (such as warehouses and manufacturing) shall be set further back. The intent is to set aside space for public-facing uses, which require greater visibility and as such are more appropriately placed in proximity to public rights-of-way, and for uses that need less public visibility to ensure their success and as such may operate efficiently set back from the public realm. Such "small commercial" uses should present a welcoming pubic face, acting as a gateway to the C-55 Flexible Planned Industrial-Commercial District and allowing "larger industrial" uses to locate and operate set back from the public domain.
(2) 
Location of the C-55 Zone:
[Amended 7-20-2020 by Ord. No. 19-2020]
(a) 
Those lands located to the east of Route 55 encompassing the following parcels:
[1] 
Block 4, Lots 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, and 16.
(b) 
These tracts of land to be developed shall be located adjacent to or readily accessible from existing or planned major regional highways or limited access highways.
(3) 
General development plan. An application for development shall be accompanied by a plan or plans, meeting the requirements of N.J.S.A. 40:55D-45.2 at a scale no less than one inch equals 200 feet.
(4) 
Municipal development agreement. The development of a Flexible Planned Industrial-Commercial District shall be executed in stages according to a phasing plan submitted by the applicant and approved by the Planning Board. The phasing plan shall be executed in accordance with a municipal development agreement. The landowners, developer, and Township shall enter into the agreement embodying all details regarding compliance with this article to assure binding nature thereof for the overall tract and its development. The agreement shall be in the recordable form and shall be so filed, at applicant's expense, with the county recording officer.
(5) 
Sewer and water facilities which shall include both septic and well water facilities. All buildings and uses within the Flexible Planned Industrial-Commercial District shall be served by public or private (where permitted by the municipality) sanitary and water facilities. Such facilities shall be subject to the approval of applicable agencies which may have jurisdiction over such development. An application for a Flexible Planned Industrial-Commercial District Center shall include a sworn statement from applicant or applicants stating the estimated demands of the proposal for all water, septic/sewer facilities and from the appropriate source, stating the availability of such capacity or lack thereof. Such statement shall also include the estimated time table for the use of such water and septic/sewer, and a certification reflecting preliminary approval from the sources of such water/septic/sewer. In addition, under general district regulations, this section provides specific permitted uses, accessory uses, and combines additional uses with permitted uses, which are planned to eliminate conditional use provisions, and providing for specific rightful uses of the identified lands.
C. 
Permitted uses. A lot may be used or occupied for any one of the following purposes, or for a combination of the following purposes, as long as any proposed combination of uses upon the lot is set forth within a unified and planned site design consistent with these ordinances. The following uses are split into two categories, defined herein as either "small commercial" or large industrial" for the purposes of attaching setback requirements to them:
(1) 
Small commercial category:
(a) 
Hotel or motel.
(b) 
Offices for administrative, banking, data processing, executive, professional, sales or other uses of the same general character.
(c) 
Research, development and testing of new products, laboratories.
(d) 
Day-care or nursery facilities.
(e) 
All uses permitted in the C-1 Village Center District.
(f) 
All uses permitted in the C-2 Zone with the exception of automobile sales, agencies and services and automobile repair shops.
(2) 
Large industrial category:
(a) 
Fabrication of products from previously prepared materials, including but not limited to bone, cloth or textiles, cork, flooring, fur, feathers, hair, horn, glass, paper, sheet rubber, shell or wood.
(b) 
Manufacturing or processing of beverages, confections, cream, all food products, ceramics, clothing, electrical appliances, furniture, hardware, tools, patterns, dies, scientific instruments, jewelry, timepieces, optical goods, musical instruments, toys, cosmetics (exclusive of soap), tobacco products and pharmaceuticals.
(c) 
Wholesale, including but not limited to the storage and sale of lumber, plumbing supplies, electrical supplies, building materials and supplies.
(d) 
Food service or catering.
(e) 
Printing of paper and metal or other lithographic processes.
(f) 
Substations for electric and gas utilities, sewerage lift stations, water pumping stations, or similar public utilities facilities, not to include cellular towers.
(g) 
Warehousing and distribution. The definition of "warehousing" shall be limited to inside storage of goods intended for distribution and personal property goods for individual storage. The storage of goods and materials of any kind and nature outside is specifically prohibited.
(h) 
Agriculture, subject to the provisions of § 225-133, Agricultural regulations.
(i) 
Storage for personal household goods.
(j) 
Indoor uses which relate to sporting activities, such as skating rink, soccer fields, tennis courts, swim clubs, volleyball, indoor physical fitness centers and such sports as may be carried on within a completely enclosed structure.
(k) 
All uses permitted in the PI Zone.
D. 
Permitted conditional uses. The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner what will minimize the impact upon adjacent properties and will conform with the additional standards provided herein.
[Amended 7-20-2020 by Ord. No. 19-2020]
(1) 
Gasoline station. A gasoline station, provided that it meets the requirements of § 225-17D(3) and (4) of the Codified Ordinances of the Township of Harrison.
(2) 
Convenience store. A convenience store, provided that it meets the requirements of this conditional use as set forth in §§ 225-17D(1) and (2) of the Codified Ordinances of the Township of Harrison.
E. 
Accessory uses. The following accessory uses relating to and being a part of the operation of the principal use are also permitted by right; provided, however, they are used in conjunction with the principal use or structure:
(1) 
Security watch stations for watchmen or caretakers which may contain sleeping and cooking facilities.
(2) 
Repair facilities for the maintenance of vehicles used in the operation of the principal use.
(3) 
Storage garages for vehicles used in the operation of the principal use.
(4) 
Signs pursuant to Sign Ordinance of the Township of Harrison, as may be amended from time to time.[1]
[1]
Editor's Note: See Art. XIII, Signs, of this chapter.
(5) 
Parking and loading for principal uses and accessory uses, pursuant to ordinances of the Township of Harrison.
(6) 
"Outdoor retail sales" which are defined as the display and sale of products outside of the building or structure limited to garden centers, garden supplies, plants and planting material, farm equipment, burial monuments, building and landscape materials. No goods or articles may be displayed or offered for sale beyond the front line of a building.
(7) 
Solar panels erected on the roof of a building or on the ground, subject to meeting all of the requirements of § 225-132D.
F. 
Design. All structures shall be designed in accordance with the Harrison Township Community Design Ordinances.[2]
(1) 
The total area to be developed for major commercial purposes and to be included in the proposed amendment shall not be less than 20 acres in size, shall adjoin at least one major highway and shall be located in proximity to major arterial highway systems.
(2) 
The development shall be a contiguous land area of not less than 20 acres designed to contain multifacility structures used for cultural, commercial, entertainment and/or recreational purposes. Such complexes shall be located on major highways and shall serve the needs of the area.
(3) 
Not more than 30% of the entire or gross land area shall be covered by buildings.
(4) 
Not less than 10% of lands shall be devoted to "green area," which shall be defined to include any areas not covered by buildings, structures or paved streets, parking areas, or impervious surface areas, and shall contain grass, plantings and trees.
(5) 
Green areas may also be used for active/passive recreation, drainage, and, if required, areas for septic systems.
(6) 
(Reserved)
(7) 
(Reserved)
(8) 
Fire lanes, which shall not be used for any other purpose, may, however, be permitted closer than 30 feet to any perimeter property line.
(9) 
No building shall exceed the total of 35 feet in elevation, except that buildings in such planned development may be in excess of 35 feet only upon the addition of 25 feet being added to all setback dimensions. No building, however, regardless of setback dimensions, shall exceed a total of 50 feet, excepting thereout and therefrom, any utilities or communications systems.
(10) 
Any application in this zone shall include a complete parking plan, loading plans, fire lanes, emergency vehicle lanes where required, and all other elements pursuant to the Site Plan Review Ordinance of the Township of Harrison,[3] in order that a unified plan may be presented for review. Parking spaces shall consist of at least 60% of ten-foot-by-twenty-foot parking spaces for full-sized motor vehicles, and 40% of nine-foot-by-eighteen-foot spaces for smaller motor vehicles, which shall be designated on any application plan.
[3]
Editor's Note: See Ch. 174, Site Plans, Major, and Ch. 176, Site Plans, Minor.
(11) 
Any development plan submitted under this section shall be an overall plan for the entire site sought to be developed, with a unified architectural scheme, and an architectural landscape plan. Phasing, however, may be permitted, so long as it is done in accordance with a single overall plan.
(12) 
Parking, loading and service areas. Any area designated in accordance with the overall plan to be utilized by motor vehicles for parking, loading, or service shall be physically separated from any public street by buffers or other effective and suitable barriers against unchanneled motor vehicle ingress or egress. Any area to be so utilized in accordance with this subsection shall be arranged to facilitate proper and safe internal circulation and shall be paved with acceptable hard surface materials. Paving data shall be provided on any application plan. Drainage data shall also be provided on any application plan.
(13) 
Loading and unloading of delivery vehicles, and any servicing of refuse. Loading and unloading of delivery vehicles and any servicing of refuse (access to dumpster) shall be situate and shown on any application plan in order that the particular use sought shall not block or interfere or be used for any other purpose, except for that which has been specifically provided in the application plan. No loading or unloading area shall be permitted to be co-used for any other use. Loading, unloading and parking areas shall be provided with sufficient illumination to insure safety for all persons within the complex, without spreading unnecessary light to adjoining properties. Disposal area shall be screened. Any area designated for trash, refuse, or garbage disposal shall be totally screened, and plants shall be provided as part of the site plan, including the location, type of screening, height of screening, and access to site, and specifically provide for recycling areas, as well to be screened and shown on the site plan. The purpose is to screen recycling, trash, refuse and garbage disposal areas, so that they shall not be visible outside of the screen. All trash, refuse, garbage and dumpster materials shall be handled privately and shall not be the responsibility of the Township of Harrison.
(14) 
Utilities. All utilities, electric, gas, and telephone lines shall be located underground within the site sought to be developed, and any phasing which may be proposed shall include the overall requirement for all such utility facilities to be situate underground.
(15) 
Exterior protrusions upon buildings for antennas, air-conditioning units, heating units, ventilation units. Extension above the thirty-five-foot line shall only be permitted if the height of any such extension, including antennas, dish antennas, wire antennas, pole antennas, heating facilities, air-conditioning facilities and ventilation facilities, and any other extensions above the top of the roofline in excess of 35 feet, shall only be permitted as long as they shall not exceed five feet above the roofline. Any protrusion in excess of five feet above the roofline is prohibited.
[2]
Editor's Note: See Ch. 174, Art. III, Community Architectural Design.
G. 
Height, area, yard, and building coverage regulations.
(1) 
The following regulations shall govern the bulk standards of the zoning district:
(a) 
Minimum tract size: 20 acres.
(b) 
Minimum lot size: three acres, except that public utility facilities shall have a minimum lot size of 900 square feet.
(c) 
Maximum impervious surface coverage: 75% of total lot area.
(d) 
Minimum setbacks for all buildings.
[1] 
Light commercial category:
[a] 
Minimum building front setback to tract line or external roadway: 400 feet.
[b] 
Minimum front circulation/parking/loading area setback to tract line or external roadway: 400 feet.
[c] 
Minimum building front setback to internal lot line: 50 feet.
[d] 
Minimum front circulation/parking/loading area setback to internal lot line: 50 feet.
[e] 
Minimum building side or rear setback to tract line: 50 feet.
[f] 
Minimum side or rear circulation/parking/loading area setback to tract line: 30 feet.
[g] 
Minimum building side or rear setback to internal lot line: 50 feet.
[h] 
Minimum side or rear parking/loading area setback to internal lot line: 30 feet.
[i] 
Buildings in excess of 35 feet in height shall be set back an additional 25 feet.
[j] 
Any building face to a parking space: 15 feet.
[k] 
Maximum height: 50 feet with the exception of utilities and communications towers.
[2] 
Large industrial category:
[a] 
Minimum building front setback to tract line or external roadway: 100 feet.
[b] 
Minimum front circulation/parking/loading area setback to tract line or external roadway: 50 feet.
[c] 
Minimum building front setback to internal lot line: 50 feet.
[d] 
Minimum front circulation/parking/loading area setback to internal lot line: 50 feet.
[e] 
Minimum building side or rear setback to tract line: 100 feet.
[f] 
Minimum side or rear circulation/parking/loading area setback to tract line: 50 feet.
[g] 
Minimum building side or rear setback to internal lot line: 50 feet.
[h] 
Minimum side or rear parking/loading area setback to internal lot line: 50 feet.
[i] 
Buildings in excess of 35 feet in height shall be set back an additional 25 feet.
[j] 
Any building face to a parking space: 15 feet.
[k] 
Maximum height: 50 feet with the exception of utilities and communications towers.
(e) 
The distance of any principal building to another principal building: 50 feet.
(2) 
Any application for development under the terms of this section shall provide initially at least for the construction of either a minimum of 20,000 square feet of ground floor area or a minimum of 10 permitted main uses.
H. 
Performance standards. The following performance standards shall be adhered to in any Flexible Planned Industrial-Commercial District:
(1) 
Electrical disturbances. Electric or electronic equipment shall be shielded such that no interference of radio and television broadcasts shall be discerned beyond the operator's lot line.
(2) 
Noise.
(a) 
No activity or use shall produce a sound-pressure level on adjacent property in excess of the level permitted in the following table:
Octave Band Frequency
Cycles Per Second Greater Than
Cycles Per Second Less Than or Equal to
Residential District Decibels
Nonresidential District Decibels
20
75
72
79
75
150
67
74
150
300
59
66
300
600
52
59
600
1,200
46
53
1,200
2,400
40
47
2,400
4,800
34
41
4,800
32
39
(b) 
The maximum permitted sound levels for residential districts shall apply between the hours of 7:00 a.m. and 6:00 p.m. and shall be reduced by six decibels in each octave band for any other time of day.
(3) 
Odor. No operation shall release materials capable of becoming odorous, either by bacterial decomposition or chemical reaction, that cause or will cause odorous matter or vapor to be generated so as to be readily discernible without instruments from any point along the boundaries of each lot.
(4) 
Glare. No activity or use shall produce a strong, dazzling light or reflection of same beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light, or reflection will not be a nuisance to adjoining properties, dwellings, streets, or districts. In no event shall a lighting intensity greater than 0.25 footcandle, measured at grade, be permitted beyond the lot lines.
(5) 
Vibration.
(a) 
No activity or operation shall produce at any point along the lot line continuous earthborne vibrations greater than the maximum displacement as permitted in the following table:
Frequency
Cycles Per Second Greater Than
Cycles Per Second Less Than or Equal to
Residential District Displacement
(inches)
Nonresidential District Displacement
(inches)
0
10
0.0004
0.0020
10
20
0.0002
0.0010
20
30
0.0001
0.0006
30
40
0.0001
0.0004
40
50
0.0001
0.0003
50
0.0001
0.0002
(b) 
Discrete pulses that do not exceed 100 impulses per minute may not produce more than twice the displacement specified in the table.
(6) 
Operation. All fabricating, manufacturing, or assembling activities shall take place within an enclosed building.
I. 
Storage and loading requirements.
(1) 
No outdoor storage shall be permitted more than of a temporary nature, apart from the outdoor retail sales permitted by this section. Outdoor storage shall be limited to 14 days in total duration, except during construction. There shall be no parking of trailers upon the site for longer than 14 days.
(2) 
All such establishments shall provide an off-street loading and unloading area for the pickup and delivery of materials that shall be so designated on the site plan and used for no other purpose.
J. 
Landscaping and buffering.
(1) 
Areas to be landscaped. All areas of a site not occupied by buildings and required improvements shall be landscaped by the planting of ground cover, shrubs and trees in appropriate quantities and locations.
(2) 
Installation. All plant materials shall be installed in accordance with promulgated guidelines of the American Nurserymen's Association as they may be amended or superseded. Planting materials shall be installed in accordance with an approved landscape plan when required as part of site plan or subdivision review. All plant material shall be guaranteed with an appropriate surety for a period of two years after final inspection.
(3) 
Landscape buffers along street lines. A landscaped buffer containing a meandering and undulating berm of not less than 25 feet in width shall be provided adjacent to any street line.
(a) 
Buffers may be comprised of earth berms, fences, and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those traveling on public streets or sidewalks and those persons at grade or first level on adjoining property and to prevent the shining of automobile headlights into the yards of adjacent property or in such a manner as to create a hazard for those traveling on a public street or sidewalk.
(b) 
In general, this buffer shall provide a visual screen between parking areas in the immediate vicinity of a street and those traveling along the street or side with materials no less than four feet above the finished grade of the parking areas.
(c) 
Shade trees shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area.
(4) 
Other landscape buffers. A landscaped buffer of not less than 25 feet in width, containing a planted, meandering and undulating berm, shall be installed adjacent to any property line which does not abut a street. When the property line is adjacent to a residential use or a residentially zoned parcel, an additional buffer or green area of open space not less than 25 feet in width shall be installed adjacent to this landscaped buffer area creating a total buffer adjacent to any residential use or residentially zoned property of not less than 50 feet in width.
(a) 
Buffers may be comprised of earth berms, fences and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those at grade or first-floor level on adjacent property and to prevent the shining of automobile headlights into the yards of adjacent property.
(b) 
In general, this buffer shall provide a visual screen between the parking areas in the immediate vicinity of the residentially zoned property and an elevation no less than six feet above the finished grade of the parking areas.
(c) 
Shade trees shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area.
(d) 
Landscaping buffers shall be designed to block 75% of all views from one side to the other five years after planting.
(e) 
The design of the landscaped buffers shall include a method to deliver adequate and necessary water to the plantings through irrigation or otherwise which shall be installed and maintained by the developer/owner through the term of the maintenance bonds and which shall be utilized to insure the viability, vitality and healthy growth of the plantings and prevent the loss of the plantings within the landscaped berm area. The design of this system shall be reviewed and approved by the Land Development Board with jurisdiction over the application.
(5) 
Landscaping in parking lots. Interior parking lot landscaping equal to or exceeding 4% of the gross square footage of the paved areas of the site used for drives and parking shall be provided.
(a) 
Such landscaping shall be provided in areas of not less than 150 square feet.
(b) 
Shrubbery shall be less than three feet in height, and shade trees shall have foliage of seven feet or higher in order not to impede sight distances of motorists and pedestrians.
(c) 
Landscaping in parking lots shall be so designed to avoid blocking required site lighting to the greatest extent possible.
(6) 
Planting size requirements. The following minimum plant sizes shall be required for any landscape material, measured in accordance with American Nurserymen's Association Standards:
(a) 
Shade trees: 2 1/2 to three inches in caliper.
(b) 
Ornamental trees: six to eight feet in height.
(c) 
Evergreen trees: six to eight feet in height.
(d) 
Shrubbery, both deciduous and evergreen:
[1] 
Prostrate (spreading): 18 to 24 inches in spread.
[2] 
Small (mature size under three feet in height): 18 to 24 inches in height.
[3] 
Large (mature size three feet or greater in height): 24 to 30 inches in height.
K. 
Signs. Any signs sought to be applied for shall be the subject of an application to the Township of Harrison and shall be in accordance with Sign Ordinances of the Township of Harrison.[4]
[4]
Editor's Note: See Art. XIII, Signs, of this chapter.
L. 
Additional studies required. The following studies shall be submitted prior to any preliminary approval of any site plan under this section:
(1) 
Environmental impact statement.
(2) 
Wetlands study.
(3) 
Traffic impact study.
M. 
Purpose of application. Applicant shall designate the purpose for which the site is sought to be developed, and shall further define the number of employees; the type of business sought to be developed within, which shall be in accordance with this section; designation of all areas, including parking, loading, fire lanes, and such other elements as may be required by the Site Plan Review Ordinance of the Township of Harrison.[5]
[5]
Editor's Note: See Ch. 174, Site Plans, Major, and Ch. 176, Site Plans, Minor.
N. 
Phasing of development. Any application seeking approval in phases shall include the entire site and the future plans for development for any remainder of the site not covered by the initial application. All utilities will be demonstrated for the entire site, and drainage for the entire site, in order that a uniform plan may be developed. The development plan shall be designated, and phases indicated, which shall be submitted at one time, evidencing the entire plan for the construction of the project. The application shall include building size, height, shape, site positions, architectural design, and other elements which shall relate to the site, for the purpose of maintaining uniformity of design standards throughout the project, and conformity with applicable ordinances within the Township of Harrison. Uniformity shall include parking, lighting, drainage, landscaping, colors of buildings, decorations for buildings, signs contemplated, and such other elements as may be necessary to meet the requirements of the Site Plan Ordinance[6] for the entire site. The purpose of any specific phasing is to provide for uniformity and conformity throughout the project.
[6]
Editor's Note: See Ch. 174, Site Plans, Major, and Ch. 176, Site Plans, Minor.
O. 
Design standards for any loading and fire lane area. Any application which is required to provide for fire lane and loading areas shall contain sufficient information in the application, so as to provide for eighty-thousand-pound motor vehicles utilizing the site, and all design standards shall remain in accordance therewith.
A. 
Specific intent. The intent of the C-57 Special Gateway District is to encourage commercial development in harmony with the land use needs of the western edge of the Township. The C-57 Special Gateway District will ensure that the permitted uses and built character remain substantially similar to the existing zoning while also allowing for additional continued economic growth.
B. 
General district regulations.
(1) 
Unified plan: Development in a Special Gateway District shall consist of unified, harmonious grouping of buildings, services, parking areas, buffer areas, and drainage areas where required, and landscaped open space, planned and designed as an integrated unit.
(2) 
Individual buildings are limited to a maximum of 20,000 square feet per development lot.
(3) 
The following parcels of land identified upon the Tax Map of the Township of Harrison will be classified under the C-57 Special Gateway District:
(a) 
Block 46, Lots 1, 2, 3, 3.01, 3.02, 3.03, 3.04, 3.04 (M01), 3.04 (M02), 3.04 (M03), 3.05, 3.06, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.09, 4.10, 5 and 5.01.
(b) 
Block 46.01, Lots 1, 2, and 3.
(c) 
Block 46.02, Lots 1, 2, 3, 4, 5, 6, and 7.
(d) 
Block 47, Lots 1, 2, 3, 3.01, 4, 5, 5.01, 5.02, 5.03
(4) 
General development plan. An application for development shall be accompanied by a plan or plans, meeting the requirements of N.J.S.A. 40:55D-45.2 at a scale no less than one inch equals 200 feet.
(5) 
Municipal development agreement. The development of a Special Gateway District shall be executed in stages according to a phasing plan submitted by the applicant and approved by the Planning Board. The phasing plan shall be executed in accordance with a municipal development agreement. The landowners, developer, and Township shall enter into the agreement embodying all details regarding compliance with this article to assure binding nature thereof for the overall tract and its development. The agreement shall be in the recordable form and shall be so filed, at applicant's expense, with the county recording officer.
(6) 
Sewer and water facilities which shall include both septic and well water facilities. All buildings and uses within the Special Gateway District shall be served by public or private (where permitted by the municipality) sanitary and water facilities. Such facilities shall be subject to the approval of applicable agencies which may have jurisdiction over such development. An application for a Special Gateway District Center shall include a sworn statement from applicant or applicants stating the estimated demands of the proposal for all water, septic/sewer facilities and from the appropriate source, stating the availability of such capacity or lack thereof. Such statement shall also include the estimated timetable for the use of such water and septic/sewer, and a certification reflecting preliminary approval from the sources of such water/septic/sewer. In addition, under general district regulations, this section provides specific permitted uses, accessory uses, and combines additional uses with permitted uses, which are planned to eliminate conditional use provisions, and providing for specific rightful uses of the identified lands.
C. 
Permitted uses. A lot may be used or occupied for any one of the following purposes, or for a combination of the following purposes, as long as any proposed combination of uses upon the lot is set forth within a unified and planned site design consistent with these ordinances. The following uses are split into two categories, defined herein as either "commercial" or "industrial" for the purposes of attaching setback requirements to them:
(1) 
Commercial category:
(a) 
Hotel or motel.
(b) 
Offices for administrative, banking, data processing, executive, professional, sales or other uses of the same general character.
(c) 
Research, development and testing of new products, laboratories.
(d) 
Day-care or nursery facilities.
(e) 
All uses permitted in the C-1 Village Center District.
(f) 
All uses permitted in the C-2 Zone with the exception of automobile sales, agencies and services and automobile repair shops.
(2) 
Industrial category:
(a) 
Fabrication of products from previously prepared materials, including but not limited to bone, cloth or textiles, cork, flooring, fur, feathers, hair, horn, glass, paper, sheet rubber, shell, or wood.
(b) 
Manufacturing or processing of beverages, confections, cream, all food products, ceramics, clothing, electrical appliances, furniture, hardware, tools, patterns, dies, scientific instruments, jewelry, timepieces, optical goods, musical instruments, toys, cosmetics (exclusive of soap), tobacco products and pharmaceuticals.
(c) 
Wholesale, including but not limited to the storage and sale of lumber, plumbing supplies, electrical supplies, building materials and supplies.
(d) 
Food service or catering.
(e) 
Printing of paper and metal or other lithographic processes.
(f) 
Substations for electric and gas utilities, sewerage lift stations, water pumping stations, or similar public utilities facilities, not to include cellular towers.
(g) 
Warehousing and distribution. The definition of "warehousing" shall be limited to inside storage of goods intended for distribution and personal property goods for individual storage. The storage of goods and materials of any kind and nature outside is specifically prohibited.
(h) 
Agriculture, subject to the provisions of § 225-133, Agricultural regulations.
(i) 
Storage for personal household goods.
(j) 
Indoor uses which relate to sporting activities, such as skating rink, soccer fields, tennis courts, swim clubs, volleyball, indoor physical fitness centers and such sports as may be carried on within a completely enclosed structure.
(k) 
All uses permitted in the PI Zone.
D. 
Permitted conditional uses. The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner what will minimize the impact upon adjacent properties and will conform with the additional standards provided herein.
(1) 
Gasoline station. A gasoline station, provided that it meets the requirements of § 225-17D(3) and (4) of the Codified Ordinances of the Township of Harrison.
(2) 
Convenience store. A convenience store, provided that it meets the requirements of this conditional use as set forth in §§ 225-17D(1) and (2) of the Codified Ordinances of the Township of Harrison.
(3) 
Medical marijuana uses. Medical marijuana uses, as defined by the following and limited to medical marijuana academic clinical research centers, medical marijuana dispensaries, medical marijuana indoor cultivation facilities, medical marijuana production facilities, medical marijuana storage facilities, and medical marijuana transport and delivery vehicle offices.
(a) 
Medical marijuana uses shall be conditionally permitted on the following parcels: Block 46, Lots 2, 3, 3.01, 3.02, 3.03, 3.04, 3.05, 3.06, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.09, 4.10, 5, and 5.01; Block 46.01, Lots 1, 2, and 3; and Block 46.02, Lots 1, 2, 3, 4, 5, 6, and 7.
(b) 
Medical marijuana dispensaries, indoor cultivation facilities, production facilities, storage facilities, and transport and delivery vehicle offices may be combined on the same site or within the same building.
(c) 
Medical marijuana uses may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center.
(d) 
Medical marijuana uses are not permitted on any site that abuts a residential district. A minimum fifty-foot planted buffer is required along all other property lines.
(e) 
Area, setback, and coverage requirements:
[1] 
Minimum setback from a tract perimeter: 75 feet.
[2] 
Minimum parking or paved area setback from all property lines: 25 feet.
[3] 
Maximum building coverage shall not exceed 50%.
[4] 
Maximum impervious coverage shall not exceed 80%.
(f) 
Parking, loading, and access:
[1] 
Parking requirements for medical marijuana uses shall conform to the following regulations provided in Article XII, Off-Street Parking, Loading and Bicycle Parking Regulations:
[a] 
Academic clinical research centers shall follow the standards for institutions, and/or as listed for colleges, universities, technical or fine arts schools, as appropriate.
[b] 
Medical marijuana dispensaries shall follow the standards for medical and dental offices, including outpatient clinics.
[c] 
Indoor cultivation facilities, medical marijuana production facilities, medical marijuana transport vehicle service offices, and storage facilities shall follow the standards for wholesale establishments/industrial buildings.
[i] 
Truck parking is permitted as an accessory use for all medical marijuana uses.
[ii] 
Parking stalls shall be nine feet by 18 feet. For truck parking, stalls shall be a minimum of 12 feet by 55 feet.
[iii] 
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
[iv] 
Entrances and driveways must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
(g) 
Medical marijuana academic clinical research centers shall be permitted on the condition that they comply with all New Jersey state laws regulating the research of medical marijuana.
(h) 
Medical marijuana academic clinical research centers may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features.
(i) 
Medical marijuana dispensaries shall be legally registered in the State of New Jersey and possess a current valid medical marijuana permit from the Department of Health.
(j) 
A medical marijuana dispensary shall be a maximum of 5,000 square feet, of which no more than 20% may be used for secure storage of product.
(k) 
Medical marijuana dispensaries shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary within the same jurisdiction. This separation of distance does not apply to the distance between the dispensary and complementing or supporting businesses.
(l) 
Facilities for indoor cultivation or production of medical marijuana must be in indoor, enclosed, and secure buildings, which include electronic locking systems, electronic surveillance and other features required. Indoor cultivation or production facilities shall not be located in a trailer, cargo container, mobile unit, mobile home, recreational vehicle, or other motor vehicle.
(m) 
The maximum floor area of a medical marijuana indoor cultivation or production facility shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.
(n) 
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing, or testing occurs.
(o) 
Facilities that grow, process, or store medical marijuana shall meet industry best practices for odor control. Medical marijuana uses are exempt from the odor performance standards found in § 225-18.1H(3).
(p) 
Marijuana remnants and byproducts from indoor cultivation or production facilities shall be secured and properly disposed of and shall not be placed within any unsecure exterior refuse containers.
(q) 
Medical marijuana growers/processors shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana indoor cultivation and production facilities. This shall not be interpreted as prohibiting retail sales from a licensed medical marijuana dispensary that is on the same site or within the same building as an indoor cultivation or processing facility.
(r) 
Green building design techniques are required to reduce the energy consumption and heat generation associated with medical marijuana indoor cultivation and production facilities, which are using systems such as hydroponics to grow marijuana indoors. These techniques may include, but are not limited to, solar screening, green or vegetative roofs, highly reflective and emissive roofing material, greywater or condensate reclamation systems, and light emitting diode (LED) lighting. These techniques shall be designed to the satisfaction of the Planning Board.
(s) 
Medical marijuana indoor cultivation and production facilities are required to use renewable energy sources, such as solar or wind, to offset the substantial energy production requirements of systems such as hydroponics used to grow marijuana indoors. The renewable energy source does not need to be located on-site.
(t) 
A traffic impact study is required where the medical marijuana transport and delivery vehicle office is operated.
(u) 
All accesses to medical marijuana transport and delivery vehicle offices or storage facilities must secure the appropriate highway occupancy permit (state, county and/or Township).
(v) 
For transport and delivery vehicle offices where, medical marijuana is temporarily stored, the building must be secured to the same level as a medical marijuana indoor cultivation facility, production facility, or dispensary.
E. 
Accessory uses. The following accessory uses relating to and being a part of the operation of the principal use are also permitted by right; provided, however, they are used in conjunction with the principal use or structure:
(1) 
Security watch stations for watchmen or caretakers which may contain sleeping and cooking facilities.
(2) 
Repair facilities for the maintenance of vehicles used in the operation of the principal use.
(3) 
Storage garages for vehicles used in the operation of the principal use.
(4) 
Signs pursuant to the Sign Ordinance of the Township of Harrison, as may be amended from time to time.[1]
[1]
Editor's Note: See Art. XIII, Signs, of this chapter.
(5) 
Parking and loading for principal uses and accessory uses, pursuant to ordinances of the Township of Harrison.
(6) 
"Outdoor retail sales" which are defined as the display and sale of products outside of the building or structure limited to garden centers, garden supplies, plants and planting material, farm equipment, burial monuments, building and landscape materials. No goods or articles may be displayed or offered for sale beyond the front line of a building.
(7) 
Solar panels erected on the roof of a building or on the ground, subject to meeting all of the requirements of § 225-132D.
F. 
Design. All structures shall be designed in accordance with the Harrison Township Community Design Ordinances.[2]
(1) 
The total area to be developed for major commercial purposes and to be included in the proposed amendment shall not be less than 20 acres in size, shall adjoin at least one major highway and shall be located in proximity to major arterial highway systems.
(2) 
The development shall be a contiguous land area of not less than 20 acres designed to contain multifacility structures used for cultural, commercial, entertainment and/or recreational purposes. Such complexes shall be located on major highways and shall serve the needs of the area.
(3) 
Not more than 30% of the entire or gross land area shall be covered by buildings.
(4) 
Not less than 10% of lands shall be devoted to "green area," which shall be defined to include any areas not covered by buildings, structures or paved streets, parking areas, or impervious surface areas, and shall contain grass, plantings and trees.
(5) 
Green areas may also be used for active/passive recreation, drainage, and, if required, areas for septic systems.
(6) 
Individual buildings are limited to a maximum of 20,000 square feet.
(7) 
Fire lanes, which shall not be used for any other purpose, may, however, be permitted closer than 30 feet to any perimeter property line.
(8) 
No building, regardless of setback dimensions, shall exceed a total of 35 feet, excepting thereout and therefrom, any utilities or communications systems.
(9) 
Any application in this zone shall include a complete parking plan, loading plans, fire lanes, emergency vehicle lanes where required, and all other elements pursuant to the Site Plan Review Ordinance of the Township of Harrison,[3] in order that a unified plan may be presented for review. Parking spaces shall consist of at least 60% of ten-foot-by-twenty-foot parking spaces for full-sized motor vehicles, and 40% of nine-foot-by-eighteen-foot spaces for smaller motor vehicles, which shall be designated on any application plan.
[3]
Editor's Note: See Ch. 174, Site Plans, Major, and Ch. 176, Site Plans, Minor.
(10) 
Any development plan submitted under this section shall be an overall plan for the entire site sought to be developed, with a unified architectural scheme, and an architectural landscape plan. Phasing, however, may be permitted, so long as it is done in accordance with a single overall plan.
(11) 
Parking, loading and service areas. Any area designated in accordance with the overall plan to be utilized by motor vehicles for parking, loading, or service shall be physically separated from any public street by buffers or other effective and suitable barriers against unchanneled motor vehicle ingress or egress. Any area to be so utilized in accordance with this subsection shall be arranged to facilitate proper and safe internal circulation and shall be paved with acceptable hard surface materials. Paving data shall be provided on any application plan. Drainage data shall also be provided on any application plan.
(12) 
Loading and unloading of delivery vehicles, and any servicing of refuse. Loading and unloading of delivery vehicles and any servicing of refuse (access to dumpster) shall be situate and shown on any application plan in order that the particular use sought shall not block or interfere or be used for any other purpose, except for that which has been specifically provided in the application plan. No loading or unloading area shall be permitted to be co-used for any other use. Loading, unloading and parking areas shall be provided with sufficient illumination to ensure safety for all persons within the complex, without spreading unnecessary light to adjoining properties. Disposal area shall be screened. Any area designated for trash, refuse, or garbage disposal shall be totally screened, and plants shall be provided as part of the site plan, including the location, type of screening, height of screening, and access to site, and specifically provide for recycling areas, as well to be screened and shown on the site plan. The purpose is to screen recycling, trash, refuse and garbage disposal areas, so that they shall not be visible outside of the screen. All trash, refuse, garbage, and dumpster materials shall be handled privately and shall not be the responsibility of the Township of Harrison.
(13) 
Utilities. All utilities, electric, gas, and telephone lines shall be located underground within the site sought to be developed, and any phasing which may be proposed shall include the overall requirement for all such utility facilities to be situate underground.
(14) 
Exterior protrusions upon buildings for antennas, air-conditioning units, heating units, ventilation units. Extension above the thirty-five-foot line shall only be permitted if the height of any such extension, including antennas, dish antennas, wire antennas, pole antennas, heating facilities, air-conditioning facilities and ventilation facilities, and any other extensions above the top of the roofline in excess of 35 feet, shall only be permitted as long as they shall not exceed five feet above the roofline. Any protrusion in excess of five feet above the roofline is prohibited.
[2]
Editor's Note: See Ch. 174, Art. III, Community Architectural Design.
G. 
Height, area, yard, and building coverage regulations.
(1) 
The following regulations shall govern the bulk standards of the zoning district:
(a) 
Minimum tract size: 20 acres.
(b) 
Minimum lot size: three acres, except that public utility facilities shall have a minimum lot size of 900 square feet.
(c) 
Maximum impervious surface coverage: 75% of total lot area.
(d) 
Individual buildings are limited to a maximum of 20,000 square feet.
(e) 
Minimum setbacks for all buildings.
[1] 
Light commercial category:
[a] 
Minimum building front setback to tract line or external roadway: 400 feet.
[b] 
Minimum front circulation/parking/loading area setback to tract line or external roadway: 400 feet.
[c] 
Minimum building front setback to internal lot line: 50 feet.
[d] 
Minimum front circulation/parking/loading area setback to internal lot line: 50 feet.
[e] 
Minimum building side or rear setback to tract line: 50 feet.
[f] 
Minimum side or rear circulation/parking/loading area setback to tract line: 30 feet.
[g] 
Minimum building side or rear setback to internal lot line: 50 feet.
[h] 
Minimum side or rear parking/loading area setback to internal lot line: 30 feet.
[i] 
Any building face to a parking space: 15 feet.
[j] 
Maximum height: 35 feet with the exception of utilities and communications towers.
[2] 
Industrial category:
[a] 
Minimum building front setback to tract line or external roadway: 100 feet.
[b] 
Minimum front circulation/parking/loading area setback to tract line or external roadway: 50 feet.
[c] 
Minimum building front setback to internal lot line: 50 feet.
[d] 
Minimum front circulation/parking/loading area setback to internal lot line: 50 feet.
[e] 
Minimum building side or rear setback to tract line: 100 feet.
[f] 
Minimum side or rear circulation/parking/loading area setback to tract line: 50 feet.
[g] 
Minimum building side or rear setback to internal lot line: 50 feet.
[h] 
Minimum side or rear parking/loading area setback to internal lot line: 50 feet.
[i] 
Any building face to a parking space: 15 feet.
[j] 
Maximum height: 35 feet with the exception of utilities and communications towers.
(f) 
The distance of any principal building to another principal building: 50 feet.
(2) 
Any application for development under the terms of this section shall provide initially at least for the construction of a maximum of 20,000 square feet.
H. 
Performance standards. The following performance standards shall be adhered to in any Flexible Planned Industrial-Commercial District:
(1) 
(Reserved)
(2) 
Electrical disturbances. Electric or electronic equipment shall be shielded such that no interference of radio and television broadcasts shall be discerned beyond the operator's lot line.
(a) 
Noise.
(b) 
No activity or use shall produce a sound-pressure level on adjacent property in excess of the level permitted in the following table:
Octave Band Frequency
Cycles Per Second Greater Than
Cycles Per Second Less Than or Equal to
Residential District Decibels
Nonresidential District Decibels
20
75
72
79
75
150
67
74
150
300
59
66
300
600
52
59
600
1,200
46
53
1,200
2,400
40
47
2,400
4,800
34
41
4,800
32
39
(c) 
The maximum permitted sound levels for residential districts shall apply between the hours of 7:00 a.m. and 6:00 p.m. and shall be reduced by six decibels in each octave band for any other time of day.
(3) 
Odor. No operation shall release materials capable of becoming odorous, either by bacterial decomposition or chemical reaction, that cause or will cause odorous matter or vapor to be generated so as to be readily discernible without instruments from any point along the boundaries of each lot.
(4) 
Glare. No activity or use shall produce a strong, dazzling light or reflection of same beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light, or reflection will not be a nuisance to adjoining properties, dwellings, streets, or districts. In no event shall a lighting intensity greater than 0.25 footcandle, measured at grade, be permitted beyond the lot lines.
(5) 
Vibration.
(a) 
No activity or operation shall produce at any point along the lot line continuous earthborne vibrations greater than the maximum displacement as permitted in the following table:
Frequency
Cycles Per Second Greater Than
Cycles Per Second Less Than or Equal to
Residential District Displacement
(inches)
Nonresidential District Displacement
(inches)
0
10
0.0004
0.0020
10
20
0.0002
0.0010
20
30
0.0001
0.0006
30
40
0.0001
0.0004
40
50
0.0001
0.0003
50
0.0001
0.0002
(b) 
Discrete pulses that do not exceed 100 impulses per minute may not produce more than twice the displacement specified in the table.
(6) 
Operation. All fabricating, manufacturing, or assembling activities shall take place within an enclosed building.
I. 
Storage and loading requirements.
(1) 
No outdoor storage shall be permitted more than of a temporary nature, apart from the outdoor retail sales permitted by this section. Outdoor storage shall be limited to 14 days in total duration, except during construction. There shall be no parking of trailers upon the site for longer than 14 days.
(2) 
All such establishments shall provide an off-street loading and unloading area for the pickup and delivery of materials that shall be so designated on the site plan and used for no other purpose.
J. 
Landscaping and buffering.
(1) 
Areas to be landscaped. All areas of a site not occupied by buildings and required improvements shall be landscaped by the planting of ground cover, shrubs and trees in appropriate quantities and locations.
(2) 
Installation. All plant materials shall be installed in accordance with promulgated guidelines of the American Nurserymen's Association as they may be amended or superseded. Planting materials shall be installed in accordance with an approved landscape plan when required as part of site plan or subdivision review. All plant material shall be guaranteed with an appropriate surety for a period of two years after final inspection.
(3) 
Landscape buffers along street lines. A landscaped buffer containing a meandering and undulating berm of not less than 25 feet in width shall be provided adjacent to any street line.
(a) 
Buffers may be comprised of earth berms, fences, and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those traveling on public streets or sidewalks and those persons at grade or first level on adjoining property and to prevent the shining of automobile headlights into the yards of adjacent property or in such a manner as to create a hazard for those traveling on a public street or sidewalk.
(b) 
In general, this buffer shall provide a visual screen between parking areas in the immediate vicinity of a street and those traveling along the street or side with materials no less than four feet above the finished grade of the parking areas.
(c) 
Shade trees shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area.
(4) 
Other landscape buffers. A landscaped buffer of not less than 25 feet in width, containing a planted, meandering, and undulating berm, shall be installed adjacent to any property line which does not abut a street. When the property line is adjacent to a residential use or a residentially zoned parcel, an additional buffer or green area of open space not less than 25 feet in width shall be installed adjacent to this landscaped buffer area creating a total buffer adjacent to any residential use or residentially zoned property of not less than 50 feet in width.
(a) 
Buffers may be comprised of earth berms, fences and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those at grade or first-floor level on adjacent property and to prevent the shining of automobile headlights into the yards of adjacent property.
(b) 
In general, this buffer shall provide a visual screen between the parking areas in the immediate vicinity of the residentially zoned property and an elevation no less than six feet above the finished grade of the parking areas.
(c) 
Shade trees shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area.
(d) 
Landscaping buffers shall be designed to block 75% of all views from one side to the other five years after planting.
(e) 
The design of the landscaped buffers shall include a method to deliver adequate and necessary water to the plantings through irrigation or otherwise which shall be installed and maintained by the developer/owner through the term of the maintenance bonds and which shall be utilized to insure the viability, vitality and healthy growth of the plantings and prevent the loss of the plantings within the landscaped berm area. The design of this system shall be reviewed and approved by the Land Development Board with jurisdiction over the application.
(5) 
Landscaping in parking lots. Interior parking lot landscaping equal to or exceeding 4% of the gross square footage of the paved areas of the site used for drives and parking shall be provided.
(a) 
Such landscaping shall be provided in areas of not less than 150 square feet.
(b) 
Shrubbery shall be less than three feet in height, and shade trees shall have foliage of seven feet or higher in order not to impede sight distances of motorists and pedestrians.
(c) 
Landscaping in parking lots shall be so designed to avoid blocking required site lighting to the greatest extent possible.
(6) 
Planting size requirements. The following minimum plant sizes shall be required for any landscape material, measured in accordance with American Nurserymen's Association Standards:
(a) 
Shade trees: 2 1/2 to three inches in caliper.
(b) 
Ornamental trees: six to eight feet in height.
(c) 
Evergreen trees: six to eight feet in height.
(d) 
Shrubbery, both deciduous and evergreen:
[1] 
Prostrate (spreading): 18 to 24 inches in spread.
[2] 
Small (mature size under three feet in height): 18 to 24 inches in height.
[3] 
Large (mature size three feet or greater in height): 24 to 30 inches in height.
K. 
Signs. Any signs sought to be applied for shall be the subject of an application to the Township of Harrison and shall be in accordance with Sign Ordinances of the Township of Harrison.[4]
[4]
Editor's Note: See Art. XIII, Signs, of this chapter.
L. 
Additional studies required. The following studies shall be submitted prior to any preliminary approval of any site plan under this section:
(1) 
Environmental impact statement.
(2) 
Wetlands study.
(3) 
Traffic impact study.
M. 
Purpose of application. Applicant shall designate the purpose for which the site is sought to be developed, and shall further define the number of employees; the type of business sought to be developed within, which shall be in accordance with this section; designation of all areas, including parking, loading, fire lanes, and such other elements as may be required by the Site Plan Review Ordinance of the Township of Harrison.[5]
[5]
Editor's Note: See Ch. 174, Site Plans, Major, and Ch. 176, Site Plans, Minor.
N. 
Phasing of development. Any application seeking approval in phases shall include the entire site and the future plans for development for any remainder of the site not covered by the initial application. All utilities will be demonstrated for the entire site, and drainage for the entire site, in order that a uniform plan may be developed. The development plan shall be designated, and phases indicated, which shall be submitted at one time, evidencing the entire plan for the construction of the project. The application shall include building size, height, shape, site positions, architectural design, and other elements which shall relate to the site, for the purpose of maintaining uniformity of design standards throughout the project, and conformity with applicable ordinances within the Township of Harrison. Uniformity shall include parking, lighting, drainage, landscaping, colors of buildings, decorations for buildings, signs contemplated, and such other elements as may be necessary to meet the requirements of the Site Plan Ordinance[6] for the entire site. The purpose of any specific phasing is to provide for uniformity and conformity throughout the project.
[6]
Editor's Note: See Ch. 174, Site Plans, Major, and Ch. 176, Site Plans, Minor.
O. 
Design standards for any loading and fire lane area. Any application which is required to provide for fire lane and loading areas shall contain sufficient information in the application, so as to provide for 80,000-pound motor vehicles utilizing the site, and all design standards shall remain in accordance therewith.
[Added 8-6-2002 by Ord. No. 32-2002]
A. 
Purpose. The purpose of the Flexible Commercial District is to provide suitable land area to permit a more intensive commercial use of the land than is permitted by the C-1 and C-2 Zones of the Township and which would include multiple commercial uses on one lot in the nature of unified small community shopping centers with a unified design intended to minimize the impact of this intensive use upon the surrounding community.
B. 
Location of the Flexible Commercial Zone. Those lands located to the east side of Route 77, South from Walnut Lane through and encompassing Block 57, Lots 18, 20, 20.01, 21, 21.01, 22.02, 25, 29 and part of Lot 19, as designated on the Municipal Tax Map of the Township of Harrison.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GROSS LEASABLE FLOOR AREA
The total floor area designed for tenant occupancy and use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from center lines of joint partitions and exteriors of building walls.
IMPERVIOUS COVERAGE
The area of all portions of a lot, site or tract which is covered by impervious material, divided by the net site area of the lot and expressed as a percentage.
LOT COVERAGE
The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot divided by the net site area of the lot and expressed as a percentage.
PAD SITE
An unsubdivided portion of a unified commercial shopping center which is dedicated to a freestanding commercial use such as a restaurant, drugstore, gas station, or other such use and which is to be developed and landscaped with consideration to the features of the surrounding uses.
D. 
Uses.
[Amended 6-1-2009 by Ord. No. 20-2009]
(1) 
Permitted uses. A lot may be used or occupied for any of the following purposes as of right:
(a) 
Any use permitted in the C-1 Village Center District.
(b) 
Any use permitted in the C-2 General Commercial District.
(c) 
Small community shopping centers developed pursuant to a general development plan having not more than 120,000 square feet of gross leasable floor area, which may include one or more buildings on a lot utilized for one or more of the uses permitted in this zone.
(2) 
Accessory uses.
[Amended 4-18-2011 by Ord. No. 15-2011]
(a) 
Only those uses which are customarily incidental and subordinate to any of the above permitted principal uses may be established and located upon the same lot with the principal use.
(b) 
Solar panels erected on the roof of a building or on the ground, subject to meeting all of the requirements of § 225-132D.
(3) 
Conditional uses.
(a) 
Drive-through restaurants. Restaurants with drive-through service are permitted only as a conditional use. A drive-through restaurant shall be approved upon a determination by the Planning Board that the use can be operated in a safe manner, in such a way that will minimize the impact upon the adjacent properties, and that the design conforms to the Community Architectural Design Ordinance, § 174-11 et seq. The developer shall be obligated to demonstrate the community architectural design standards as part of the application for approval. A drive-through restaurant shall meet the following conditions:
[1] 
The use shall be permitted in the C-4 District only as part of a planned shopping center.
[2] 
Minimum pad site width. The size of the pad site upon which this use is proposed may not be less than 160 feet in width as measured at the minimum building setback line.
[3] 
Minimum pad site area. The total area of the pad site upon which this use is proposed may not be less than two acres.
[4] 
Minimum building setback from any front lot line shall be 50 feet. Any corner lot shall be regarded as having two front lot lines.
[5] 
Minimum building setback from any side lot line not abutting a street: 50 feet.
[6] 
Minimum building setback from any rear lot line: 50 feet.
[7] 
Maximum building height: 35 feet.
[8] 
Minimum landscape buffer. The purpose of the landscape buffer is to create a visual barrier to protect the surrounding uses from headlights, noise and trash which is generated by this use. As a result it is a condition of this use that a landscape buffer be placed around a pad site in all setbacks and shall be a minimum landscape buffer which shall not be less than 30 feet in width. The applicant must submit a landscape plan designed to promote these goals, and the landscape plan must be reviewed and approved by the Township Planning Board.
[9] 
Minimum off-street parking requirements. Parking shall not be permitted within any front setback area. Parking shall not be permitted within 20 feet from the side yard or rear yard line.
[10] 
Driveways providing ingress and egress to the site, including the off-street parking, and the drive-through lane, shall be arranged so that vehicles exiting the parking spaces or entering the site shall not block the drive-through lane or the 25 feet of driveway entrance aisle that is nearest any street line.
[11] 
Only one drive-through restaurant is permitted per planned shopping center.
[12] 
Site plan. In addition to the requirements of the Township ordinances regarding site plan review, an application for this use shall specifically illustrate on the site plan the landscaping proposed, including the specific plants proposed and the elevations of the plantings, the placement and a depiction of directional signs to be erected and painted directional markings on the impervious surfaces, and the lighting for the exterior of the site. The site plans shall include a scale diagram of the entire interior of the restaurant showing the location of all receiving, storage, food preparation, cooking, serving, seating and waiting areas, waste removal and garbage disposal areas and the intended location of tables, counter seating and drive-through windows.
[13] 
Provisions shall be made, including sidewalks and crosswalks, for pedestrian traffic traveling to and from the site, as well as within the site.
(b) 
Gasoline station. A gasoline station must meet the requirements of §§ 225-17D(3) and (4) of the Codified Ordinances of the Township of Harrison.
(c) 
Convenience store. A convenience store must meet the requirements of §§ 225-17D(1) and (2) of the Codified Ordinances of the Township of Harrison.
E. 
Height, area, yard and building coverage regulations. The following regulations shall govern the building standards of the zoning district:
[Amended 6-1-2009 by Ord. No. 20-2009]
(1) 
Lot size.
(a) 
For individual commercial uses: 20,000 square feet.
(b) 
For small community shopping centers: not less than five acres.
(2) 
Lot width. At building line the lot width shall be 100 feet minimum for all uses except gasoline service stations, supermarkets, community shopping center and car washes, which shall have a minimum width of 160 feet.
(3) 
Lot coverage: 50% maximum for an inside lot; 40% maximum for a corner lot for all uses, with the exception of shopping centers and gasoline service stations which may have a maximum of 30%.
(4) 
Front setback: 50 feet minimum from lot line to building line.
(5) 
Side yard. No building may be closer than 50 feet from any side yard lot line. No paved or improved area may be closer than 20 feet to any perimeter property line.
(6) 
Rear yard: minimum of 50 feet from lot line to building line. No paved or improved area may be closer than 20 feet to any perimeter property line.
(7) 
Height: 35 feet maximum or three stories.
(8) 
Passageways: In the case of a series of abutting structures paralleling a public right-of-way, an open and unobstructed passage of at least 20 feet in width shall be provided at grade level at intervals of not more than 400 feet.
F. 
Performance standards. The following performance standards shall be followed:
[Amended 6-1-2009 by Ord. No. 20-2009]
(1) 
Streets. The minimum width of streets between curblines which provide circulation through or around a community shopping center shall be in accordance with those standards set forth in the land subdivision regulations.[1] The minimum width from pavement edge to pavement edge of interior streets within the development not to be used as thorough streets shall be twenty-four-foot lanes with the necessary width for trucks and emergency vehicles.
[1]
Editor's Note: See Ch. 192, Subdivision of Land.
(2) 
Parking.
(a) 
Shopping center, retail sales, trade, personal and business services: 5.5 spaces for each 1,000 square feet of gross leasable area. "Gross leasable area" is the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet measured from center lines of joint partitions and exteriors of outside walls.
(b) 
General and professional offices, including banks: one space for each 400 square feet of aggregate floor area.
(c) 
Theater with permanent seats: one space for each four permanent seats.
(d) 
Any other permitted use: one space for each 400 square feet of aggregate floor area.
(e) 
Notwithstanding the foregoing, the off-street parking standards may be reduced to the extent that combined use of parking lots makes such reduction feasible in the judgment of the approving authority. Procedures and documentation to support a reduction in parking spaces shall be in accordance with § 225-86B(2) of this chapter.
(3) 
Street access. The accessways to a public street or highway of small community commercial centers shall be located at least 200 feet from the intersection of any street lines and shall be designated in a manner conducive to safe ingress and egress.
(4) 
Appearance. All buildings shall be constructed or renovated in accordance with an overall plan and shall be designated as a single architectural scheme in compliance with the architectural design standards set forth in § 174-11 et seq. of the Codified Land Ordinances of the Township and shall be designed with appropriate common landscaping. Any fencing, wall or barrier must meet the requirements of the Building Code.
(5) 
Grading. Topsoil shall not be removed from the site during construction but shall be stored and redistributed to areas most exposed to view and such areas shall be stabilized by seeding and planting.
(6) 
Lighting. All lighting shall be in compliance with the Community Design Ordinance, § 174-14A and B of the Codified Land Ordinances of the Township of Harrison.
(7) 
Garbage and recycling. Appropriate provisions shall be made for private garbage and trash collection and to meet Township recycling requirements. All trash, garbage or recycling disposal facilities shall be totally screened by masonry enclosures, and plans shall be submitted as part of the developmental site plan showing the location and types of screening thereof. The applicant must submit a maintenance schedule for the removal of trash and debris from the lot which must be reviewed and approved by the Planning Board Engineer.
(8) 
Maintenance. Appropriate provision shall be made for private maintenance of interior roads and streets, including all snow and ice removal, and all buildings and land areas not dedicated to the Township. Such services shall be performed at the owner's expense.
(9) 
Utilities. All installation of utilities on the site shall be installed underground. No temporary antennas or other structures for radio, television or data communications shall be allowed to stand for more than five days. All electric or electronic equipment shall be shielded such that no interference of radio or television broadcasts shall be discerned beyond the lot line.
(10) 
Sanitary sewer. No multiple commercial use shall be permitted upon a site which is not serviced by public water and sewer.
(11) 
Traffic impact. At the time of the submission of a general development plan or site plan, the applicant shall submit a traffic impact study which has been performed and certified by a licensed engineer. The study shall include, among other factors: the current vehicular volume, width and capacity of the streets and highways in the nearby area of the proposed development; shall indicate the additional vehicular volumes to be generated by the development; and shall demonstrate the capacity of the roadway network to handle the proposed traffic volume. Satisfactory arrangements must be made to facilitate traffic circulation and movement on the site and onto the adjoining highways. These arrangements shall include provisions for necessary signalization, channelization, stand-by turn lanes, right-turn lanes, added highway width adequate warning signs and adequate storage area distribution facilities within the development to prevent backup of vehicles on public streets and promote site safety.
(12) 
Environmental impact. An environmental impact statement shall be submitted which demonstrates the impact upon the site, the adjacent properties and the community from the development and which establishes that the site is free of environmental contaminants pursuant to the regulations of the New Jersey Department of Environmental Protection.
(13) 
Signs. Any sign to be erected shall meet the requirements of the Harrison Township Sign Ordinance.[2]
[2]
Editor's Note: See Art. XIII, Signs, of this chapter.
(14) 
Noise.
(a) 
No activity or use shall produce a sound-pressure level on adjacent property in excess of the level permitted in the following table:
Octave Band Frequency
Cycles
Per Second
Greater Than
Cycles
Per Second
Less Than
or Equal to
Residential District
(decibels)
Nonresidential
District
(decibels)
20
75
72
79
75
150
67
74
150
300
59
66
300
600
52
59
600
1,200
46
53
1,200
2,400
40
47
2,400
4,800
34
41
4,800
32
39
(15) 
(Reserved)
(16) 
(Reserved)
(17) 
Storage and loading requirements. Exterior storage is limited to two validly registered semitrailers only when parked at an approved loading dock or loading bay if such storage is part of the normal operations conducted on the premises regularly selling perishable goods. No semitrailer shall remain at the same loading dock or loading bay in excess of 60 days.
[Added 9-20-2010 by Ord. No. 28-2010]
[Added 8-2-2005 by Ord. No. 15-2005; amended 7-2-2007 by Ord. No. 25-2007; 11-17-2008 by Ord. No. 39-2008]
A. 
Specific intent. The purpose of the C-6 Flexible Planned Commercial District is to provide opportunity for efficient and coordinated commercial development within planned developments suitable for location near existing residential areas which would benefit from close proximity to major roadway networks.
B. 
General district regulations.
(1) 
Unified plan. Development in this District shall be planned as a unified, harmonious grouping of buildings, services, parking areas, buffer areas, and drainage areas where required, and landscaped open space, planned and designed as an integrated unit.
(2) 
Location of the C-6 Zone. The lands enumerated below are classified as C-6 Flexible Planned Commercial District: Block 2, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17; Block 20, Lots 1, 1.01, 1.03, 1.04, 9; Block 23, Lots 1, 1.01; Block 25, a portion of 10; Block 30, Lot 1; Block 49, Lots 1, 1.06, 1.07, 1.08.
[Amended 2-17-2009 by Ord. No. 04-2009; 5-6-2013 by Ord. No. 16-2013]
(a) 
The following lands identified upon the Tax Map of the Township of Harrison shall be zoned C-6 as an overlay use in addition to the R-1 uses presently applicable:
[1] 
Block 20, Lots 2, 3, 4, 5, 10, 11, 12.
[2] 
Block 25, Lots 1, 2.
(b) 
The following parcels of lands identified upon the Tax Map of the Township of Harrison shall be zoned C-6 as an overlay use in addition to the R-2 uses presently applicable:
[1] 
Block 25, Lot 8.
(3) 
General development plan: same as § 225-18.1B(3).
(4) 
Municipal development agreement: same as § 225-18.1B(4).
(5) 
Sewer and water facilities: same as § 225-18.1B(5).
(6) 
No one use shall occupy a floor area in excess of 20,000 square feet.
[Amended 4-19-2021 by Ord. No. 08-2021]
C. 
Permitted uses. A building or combination of buildings may be erected, altered or used, and a lot may be used or occupied, for any one of the following purposes or a combination of the following purposes as long as the proposed combination of uses is consistent with sound planning and meets the requirements of preserving the public safety as set forth in the ordinances of the Township of Harrison:
(1) 
Food stores, including supermarkets, bakeries and confectionery shops where the production of baked goods is to be sold only at retail on the premises, dairy products and meats.
(2) 
Drugstore.
(3) 
Bakery.
(4) 
Clothing, apparel and accessories stores, including shoe stores, furriers, and custom tailors and dressmakers.
(5) 
Shoe repair.
(6) 
Jewelry store.
(7) 
Gift shops, including camera, book, stationery, antique, musical supplies, cosmetics, candy, cigarettes and tobaccos, flowers, hobby, jewelry, leather and luggage shops.
(8) 
Bookstore, stationary store.
(9) 
Radio, TV and music store.
(10) 
Dry goods and notions store.
(11) 
Hardware store; sporting goods.
(12) 
Newspaper and magazine sales.
(13) 
Eating establishments, including restaurants, lunch counters, delicatessens, tearooms, cafes, confectionery or similar establishments serving food or beverages which are consumed inside the establishment. Further provided that no restaurant or similar use shall be conducted as a drive-in or drive-through service establishment.
[Amended 4-16-2012 by Ord. No. 24-2012]
(14) 
Finance and loan agencies.
(15) 
Offices for the conduct of medical and other professional, real estate and insurance and banks, including branch banks, messenger or telegraph services, and general and administrative offices.
(16) 
General merchandise stores, including department stores, "5 and 10" variety stores, general merchandise discount stores, drugstores, and sporting goods.
(17) 
Furniture, home furnishings and equipment, including household appliance stores, hardware, paint and glass stores, radio and television stores, including services.
(18) 
Personal service shops, including dry cleaning, barber, beautician, shoe repair, laundromat and laundry pickup services and tailor.
(19) 
Indoor recreational facilities which relate to sporting activities, such as skating rink, soccer fields, tennis courts, swim clubs, volleyball, and indoor physical fitness centers, theaters and bowling alleys, provided that the use is carried on within a completely enclosed structure.
(20) 
Artists' and photographers' studios.
(21) 
Mortuaries.
(22) 
General service of contractors' shop, including carpenter, cabinetmaking, furniture repair, light metal working, garment, manufacturing, tinsmith, plumbing or similar shops, subject to the following special requirements:
[Amended 4-19-2021 by Ord. No. 08-2021]
(a) 
No storage of materials and trucks, and no repair facilities or housing of repair crews in open area.
(23) 
Business office of a builder, carpenter, caterer, cleaner, contractor, decorator, dyer, electrician, furrier, mason, painter, plumber, roofer, upholsterer, and similar non-nuisance businesses, excluding open storage of materials and excluding open storage of motor vehicles, subject to the following requirements:
[Amended 4-19-2021 by Ord. No. 08-2021]
(a) 
No storage of materials and trucks, and no repair facilities or housing of repair crews in open area.
(24) 
Utilities that include: substation, telephone central office, electric and gas facilities, sewage lift stations, water pumping station, utilities and communication towers, subject to the following special requirements:
[Amended 4-19-2021 by Ord. No. 08-2021]
(a) 
No storage of materials and trucks, and no repair facilities or housing of repair crews in open area.
(b) 
The architectural design of the exterior of any building shall be in keeping with other structures in the neighborhood.
(25) 
Dental or medical laboratories.
(26) 
Catering establishment.
(27) 
Business and instructional school, not including trade school.
(28) 
Dance studios.
(29) 
Research, development and testing of new products, laboratories.
(30) 
Agriculture, subject to the provisions of § 225-133, Agricultural regulations.
(31) 
Day-care or nursery facilities.
(32) 
Transit station or transportation facilities.[1]
[1]
Editor's Note: Former Subsection C(33), Storage for personal household goods, which immediately followed this subsection, was repealed 4-19-2021 by Ord. No. 08-2021.
D. 
Permitted conditional uses. The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform with the additional standards provided herein and in Article XXI of this chapter:
(1) 
Convenience store, provided that the following standards shall be met:
(a) 
Minimum required lot area.
[1] 
Lot served by public sewer and public water: 43,560 square feet.
[2] 
Lot not served by public sewer and public water: 65,340 square feet.
(b) 
Minimum street frontage: 200 feet.
(c) 
Minimum lot width: 200 feet.
(d) 
Minimum lot depth: 180 feet.
(e) 
Minimum building setback from any lot line abutting a street shall be:
[1] 
From an arterial street: 50 feet.
[2] 
From a collector street: 50 feet.
[3] 
From a local street: 100 feet.
(f) 
Minimum building setback from any side lot line: 20 feet.
(g) 
Minimum building setback from any rear lot line: 50 feet.
(h) 
Maximum building height: 35 feet.
(i) 
Minimum landscape buffer along any property line: not less than 25 feet in width.
(j) 
Maximum permitted impervious coverage: 60%.
(k) 
Maximum permitted building coverage: 25%.
(l) 
Off-street parking. If the convenience store is the sole use on the lot, then the off-street parking shall be provided at the rate of one parking space for each 125 square feet of gross floor area. If the convenience store is located on a lot with one or more other uses permitted within this District, then, in addition to the off-street parking required herein for the convenience store, additional off-street parking shall be required for the other uses on the lot pursuant to § 225-86 of this chapter.
(m) 
Driveways providing ingress and egress to the site and the off-street parking spaces, arranged so that vehicles exiting parking spaces shall not block the 25 feet of a driveway entrance aisle nearest the street line.
(n) 
Signs in conformance with the requirement of Article XIII.[2]
[2]
Editor's Note: Former Subsection D(2), regarding gasoline stations, and Subsection D(3), regarding automobile service stations, which immediately followed this subsection, were repealed 4-19-2021 by Ord. No. 08-2021.
E. 
Special design standards. The following conditions shall govern the design of all developments within this District:
(1) 
Development shall occur within planned developments comprised of contiguous acreage having the minimum area as specified herein.
(2) 
Green areas shall be defined as to include any areas not covered by buildings, structures or paved streets, parking areas, or impervious surface areas.
(3) 
Green areas. Not less than 10% of lands shall be devoted to green areas.
(4) 
Green space is to be arranged in a contiguous fashion to the greatest extent practicable. Green area may be used for active/passive recreation, swales, and, if required, areas for septic systems.
(5) 
Impervious areas, other than for designated fire lanes, are to be set back at least 25 feet from any tract boundary or lot line.
(6) 
Parking is to be provided in side and rear yards and is limited to 105% of the requirements as stated under the Harrison Township Parking Ordinances.
(7) 
Any development plan submitted under this section shall be accompanied by an overall plan for the development of the entire site, with a unified architectural scheme and an architectural landscape plan. Phasing may be permitted in accordance with the approved overall plan.
(8) 
Parking, loading and service areas: same as § 225-18.1F(12).
(9) 
Loading and unloading of delivery vehicles, etc.: same as § 225-18.1F(13).
(10) 
Disposal areas shall be screened: same as § 225-18.1F(14).
(11) 
Utilities: same as § 225-18.1F(15).
F. 
Height, area, yard and building coverage regulations.
(1) 
The following regulations shall govern the bulk standards of the zoning district for commercial uses:
Dimension
Standard
Minimum tract area
10 acres
Minimum track setback
50 feet
Minimum lot size
3 acres*
Minimum lot frontage
150 feet
Minimum lot width
110 feet
Minimum front yard
75 feet
Minimum side yard
25 feet
Minimum rear yard
50 feet
Maximum building coverage
50%
Maximum impervious ratio
75%
Maximum building height
50 feet
*
Twenty-five percent of the lots may have a lot area of not less than two acres, provided an average lot area of three acres is maintained over the entirety of the tract being developed.
(2) 
Any application for commercial development under the terms of this section shall provide initially at least for the construction of either a minimum of 20,000 square feet of ground floor area or a minimum of 10 permitted uses.
G. 
Performance standards: same as § 225-18.1H.
H. 
Storage and loading requirements: same as § 225-18.1I(1).
I. 
Landscaping and buffering.
(1) 
Areas to be landscaped. All areas of a site not occupied by buildings and required improvements shall be landscaped by the planting of ground cover, shrubs and trees in appropriate quantities and locations.
(2) 
Installation. All plant materials shall be installed in accordance with promulgated guidelines of the American Nurserymen's Association as they may be amended or superseded. Planting materials shall be installed in accordance with an approved landscape plan when required as part of site plan or subdivision review. All plant material shall be guaranteed with an appropriate surety for a period of two years after final inspection.
(3) 
Landscape buffers along street lines. A landscaped buffer of not less than 25 feet in width shall be provided adjacent to any street line when otherwise required by this section.
(a) 
Buffers shall be comprised of meandering earth berms, fences, and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those traveling on public streets or sidewalks and those persons at grade or first-floor level on adjoining property and to prevent the shining of automobile headlights into the yard of adjacent property or in such a manner as to create a hazard for those traveling on a public street or sidewalk.
(b) 
In general, this buffer shall provide a visual screen between parking areas in the immediate vicinity of a street and those traveling along the street or side with material no less than four feet above the finished grade of the parking areas.
(c) 
Shade trees shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area.
(4) 
Other landscape buffers. A landscape buffer of not less than 25 feet in width shall be provided along any common property line with a nonresidential lot adjacent to a lot in a residential district, unless otherwise modified by this section.
(a) 
Buffers shall be comprised of meandering earth berms, fences and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those at grade or first-floor level on adjacent property and to prevent the shining of automobile headlights into the yards of adjacent property. Berms shall have a minimum height of six feet.
(b) 
In general, this buffer shall provide a visual screen between the parking areas in the immediate vicinity to the residentially zoned property and an elevation no less than six feet above the finished grade of the parking areas.
(c) 
Shade trees shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area.
(d) 
Landscaping buffers shall be designed to block 75% of all views from one side to the other five years after planting.
(e) 
Buffering design is to ensure a year-round high and low visual screen and consist of evergreen and deciduous trees and shrubs.
(f) 
More than one species of evergreen and deciduous trees is to be provided to reduce the effects of potential tree disease.
(g) 
Additional buffering features are to be provided as may be found necessary by the board having jurisdiction.
(h) 
All landscaped berms must be equipped with underground irrigation to facilitate healthy growth and maintenance of the berm plantings.
(5) 
Landscaping in parking lots. Interior parking lot landscaping equal to or exceeding 4% of the gross square footage of the paved areas of the site used for drives and parking shall be provided.
(a) 
Such landscaping shall be provided in areas of not less than 150 square feet.
(b) 
Shrubbery shall be less than three feet in height, and shade trees shall have foliage of seven feet or higher in order not to impede sight distances of motorists and pedestrians.
(c) 
Landscaping in parking lots shall be so designed to avoid blocking required site lighting to the greatest extent possible.
(6) 
Planting size requirements. The following minimum plant sizes shall be required for any landscape material, measured in accordance with American Nurserymen's Association Standards:
(a) 
Shade trees: 2 1/2 inches to three inches in caliper.
(b) 
Ornamental trees: six feet to eight feet in height.
(c) 
Evergreen trees: six feet to eight feet in height.
(d) 
Shrubbery, both deciduous and evergreen:
[1] 
Prostrate (spreading): 18 inches to 24 inches in spread.
[2] 
Small (mature size under three feet in height): 18 inches to 24 inches in height.
[3] 
Large (mature size three feet or greater in height): 24 inches to 30 inches in height.
(7) 
Where nonresidential development abuts or is across the street from a residential use or residential zoning district: a buffer having a width of 100 feet comprised of at least a double-staggered row of evergreen trees, planted 10 feet on center.
J. 
All applications shall be reviewed in the context of the Site 1 development considerations photographs in the July 2008 Master Plan Re-examination Report.
K. 
Permitted accessory uses.
[Added 4-18-2011 by Ord. No. 15-2011]
(1) 
Solar panels erected on the roof of a building or on the ground, subject to the requirements of § 225-132D.
[Added 7-31-2006 by Ord. No. 20-2006]
A. 
Specific intent. The intent of the C-56 Flexible Planned Industrial-Commercial District is to provide and encourage development of flexible planned industrial sites and planned commercial centers and to promote the orderly and sound development of multi-use areas, including certain limited manufacturing, and light industrial uses near major highways, in accordance with a comprehensive plan for achieving these objectives, similar to the C-55 Flexible Planned Industrial-Commercial District. However, in order to help minimize negative impacts on the road network and to help preserve community character, there is a building size limitation imposed in this zoning district.
B. 
General district regulations.
(1) 
Unified plan. Development in a Flexible Planned Industrial-Commercial District shall consist of unified, harmonious grouping of buildings, services, parking areas, buffer areas, and drainage areas where required, and landscaped open space, planned and designed as an integrated unit.
(2) 
Location of the C-56 Zone:
(a) 
Block 24, Lots 2, 3, 4, 5 and 17.
(b) 
Block 24.01, Lot 1.
(3) 
General development plan. An application for development shall be accompanied by a plan or plans, meeting the requirements of N.J.S.A. 40:55D-45.2 at a scale no less than one inch equals 200 feet.
(4) 
Municipal development agreement. The development of a Flexible Planned Industrial-Commercial District shall be executed in stages according to a phasing plan submitted by the applicant and approved by the Planning Board. The phasing plan shall be executed in accordance with a municipal development agreement. The landowners, developer, and Township shall enter into the agreement embodying all details regarding compliance with this article to assure the binding nature thereof for the overall tract and its development. The agreement shall be in the recordable form and shall be so filed, at the applicant's expense, with the county recording officer.
(5) 
Sewer and water facilities which shall include both septic and well water facilities. All buildings and uses within the Flexible Planned Industrial-Commercial District shall be served by public or private (where permitted by the municipality) sanitary and water facilities. Such facilities shall be subject to the approval of applicable agencies which may have jurisdiction over such development. An application for a Flexible Planned Industrial-Commercial District Center shall include a sworn statement from the applicant or applicants stating the estimated demands of the proposal for all water, septic/sewer facilities and from the appropriate source, stating the availability of such capacity or lack thereof. Such statement shall also include the estimated timetable for the use of such water and septic/sewer, and a certification reflecting preliminary approval from the sources of such water/septic/sewer. In addition, under general district regulations, this section provides specific permitted uses, accessory uses, and combines additional uses with permitted uses, which are planned to eliminate conditional use provisions, and providing for specific rightful uses of the identified lands.
C. 
Permitted uses. A lot may be used or occupied for any one of the following purposes, or for a combination of the following purposes, as long as any proposed combination of uses upon the lot is set forth within a unified and planned site design consistent with these ordinances:
(1) 
Hotel or motel.
(2) 
Offices for administrative, banking, data processing, executive, professional, sales or other uses of the same general character.
(3) 
Fabrication of products from previously prepared materials, including but not limited to bone, cloth or textiles, cork, flooring, fur, feathers, hair, horn, glass, paper, sheet rubber, shell or wood.
(4) 
Manufacturing or processing of beverages, confections, cream, all food products, ceramics, clothing, electrical appliances, furniture, hardware, tools, patterns, dies, scientific instruments, jewelry, timepieces, optical goods, musical instruments, toys, cosmetics (exclusive of soap), tobacco products and pharmaceuticals.
(5) 
Wholesale, including but not limited to the storage and sale of lumber, plumbing supplies, electrical supplies, building materials and supplies.
(6) 
Food service or catering.
(7) 
Printing of paper and metal or other lithographic processes.
(8) 
Substations for electric and gas utilities, sewerage lift stations, water pumping stations, or similar public utilities facilities, not to include cellular towers.
(9) 
Research, development and testing of new products, laboratories.
(10) 
Warehousing and distribution. The definition of "warehousing" shall be limited to inside storage of goods intended for distribution and personal property goods for individual storage. The storage of goods and materials of any kind and nature outside is specifically prohibited.
(11) 
Agriculture, subject to the provisions of § 225-133, Agricultural regulations.
(12) 
Indoor uses, which relate to sporting activities, such as skating rink, soccer fields, tennis courts, swim clubs, volleyball, indoor physical fitness centers and such sports as may be carried on within a completely enclosed structure.
(13) 
Day-care or nursery facilities.
(14) 
Storage for personal household goods.
(15) 
All uses permitted in the C-1 Village Center District.
(16) 
All uses permitted in the PI Zone.
(17) 
All uses permitted in the C-2 Zone with the exception of automobile sales, agencies and services and automobile repair shops.
D. 
Permitted conditional uses. The following principal uses are permitted conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform to the additional standards provided herein.
(1) 
[1]Gasoline station. A gasoline station, provided that it meets the requirements of §§ 225-17D(3) and 225-17D(4) of the Codified Ordinances of the Township of Harrison.
[1]
Editor's Note: Former Subsection D(1), Drive-through restaurant, was repealed 4-16-2012 by Ord. No. 24-2012. This ordinance also provided for the renumbering of former Subsection D(2) and (3) as Subsection D(1) and (2).
(2) 
Convenience store. A convenience store, provided that it meets the requirements of this conditional use as set forth in §§ 225-17D(1) and 225-17D(2) of the Codified Ordinances of the Township of Harrison.
E. 
Accessory uses. The following accessory uses relating to and being a part of the operation of the principal use are also permitted by right; provided, however, they are used in conjunction with the principal use or structure:
(1) 
Security watch stations for watchmen or caretakers which may contain sleeping and cooking facilities.
(2) 
Repair facilities for the maintenance of vehicles used in the operation of the principal use.
(3) 
Storage garages for vehicles used in the operation of the principal use.
(4) 
Signs pursuant to the Sign Ordinance of the Township of Harrison,[2] as may be amended from time to time.
[2]
Editor's Note: See Art. XIII, Signs, of this chapter.
(5) 
Parking and loading for principal uses and accessory uses, pursuant to ordinances of the Township of Harrison.
(6) 
"Outdoor retail sales" which are defined as the display and sale of products outside of the building or structure limited to garden centers, garden supplies, plants and planting material, farm equipment, burial monuments, building and landscape materials. No goods or articles may be displayed or offered for sale beyond the front line of a building.
(7) 
Solar panels erected on the roof of a building or on the ground, subject to the requirement of § 225-132D.
[Added 4-18-2011 by Ord. No. 15-2011]
F. 
Design. All structures shall be designed in accordance with the Harrison Township Community Design Ordinance.[3]
(1) 
The total area to be developed for major commercial purposes and to be included in the proposed amendment shall not be less than 20 acres in size, shall adjoin at least one major highway, and shall be located in proximity to major arterial highway systems.
(2) 
The development shall be a contiguous land area of not less than 20 acres designed to contain multifacility structures used for cultural, commercial, entertainment and/or recreational purposes. Such complexes shall be located on major highways and shall serve the needs of the area.
(3) 
Not more than 30% of the entire or gross land area shall be covered by buildings.
(4) 
Not less than 10% of lands shall be devoted to "green area," which shall be defined to include any areas not covered by buildings, structures or paved streets, parking areas, or impervious surface areas, and shall contain grass, plantings and trees.
(5) 
Green areas may also be used for active/passive recreation, drainage, and, if required, areas for septic systems.
(6) 
No building or structure other than paved parking and underground facilities shall be permitted closer than 100 feet to any perimeter parking line.
(7) 
No paved or improved area adjacent to a nonresidential zone or nonresidential use, including parking or loading, shall be closer than 30 feet to any perimeter property line. No paved or improved area adjacent to a residential use or residential zone shall be closer than 50 feet to any perimeter tract property line.
(8) 
Fire lanes, which shall not be used for any other purpose, may, however, be permitted closer than 30 feet to any perimeter property line.
(9) 
No building shall exceed the total of 35 feet in elevation, except that buildings in such planned development may be in excess of 35 feet only upon the addition of 25 feet to all setback dimensions. No building, however, regardless of setback dimensions, shall exceed a total of 50 feet, excepting thereout and therefrom, any utilities or communications systems.
(10) 
Any application in this zone shall include a complete parking plan, loading plans, fire lanes, emergency vehicle lanes where required, and all other elements pursuant to the Site Plan Review Ordinance of the Township of Harrison,[4] in order that a unified plan may be presented for review. Parking spaces shall consist of at least 60% of ten-foot-by-twenty-foot parking spaces for full-sized motor vehicles, and 40% of nine-foot-by-eighteen-foot spaces for smaller motor vehicles, which shall be designated on any application plan.
[4]
Editor's Note: See Ch. 174, Site Plans, Major, and Ch. 176, Site Plans, Minor.
(11) 
Any development plan submitted under this section shall be an overall plan for the entire site sought to be developed, with a unified architectural scheme, and an architectural landscape plan. Phasing, however, may be permitted, so long as it is done in accordance with a single overall plan.
(12) 
Parking, loading and service areas. Any area designated in accordance with the overall plan to be utilized by motor vehicles for parking, loading, or service shall be physically separated from any public street by buffers or other effective and suitable barriers against unchanneled motor vehicle ingress or egress. Any area to be so utilized in accordance with this subsection shall be arranged to facilitate proper and safe internal circulation and shall be paved with acceptable hard surface materials. Paving data shall be provided on any application plan. Drainage data shall also be provided on any application plan.
(13) 
Loading and unloading of delivery vehicles, and any servicing of refuse. Loading and unloading of delivery vehicles and any servicing of refuse (access to dumpster) shall be situate and shown on any application plan in order that the particular use sought shall not block or interfere or be used for any other purpose, except for that which has been specifically provided in the application plan. No loading or unloading area shall be permitted to be co-used for any other use. Loading, unloading and parking areas shall be provided with sufficient illumination to insure safety for all persons within the complex, without spreading unnecessary light to adjoining properties.
(14) 
Disposal area shall be screened. Any area designated for trash, refuse, or garbage disposal shall be totally screened, and plants shall be provided as part of the site plan, including the location, type of screening, height of screening, and access to site, and specifically provide for recycling areas, as well to be screened and shown on the site plan. The purpose is to screen recycling, trash, refuse and garbage disposal areas, so that they shall not be visible outside of the screen. All trash, refuse, garbage and dumpster materials shall be handled privately and shall not be the responsibility of the Township of Harrison.
(15) 
Utilities. All utilities, electric, gas, and telephone lines shall be located underground within the site sought to be developed, and any phasing which may be proposed shall include the overall requirement for all such utility facilities to be situate underground.
(16) 
Exterior protrusions upon buildings for antennas, air-conditioning units, heating units, ventilation units. Extension above the thirty-five-foot line shall only be permitted if the height of any such extension, including antennas, dish antennas, wire antennas, pole antennas, heating facilities, air-conditioning facilities and ventilation facilities, and any other extensions above the top of the roofline in excess of 35 feet, as long as they shall not exceed five feet above the roofline. Any protrusion in excess of five feet above the roofline is prohibited.
[3]
Editor's Note: See Ch. 174, Site Plans, Major, Art. III, Community Architectural Design.
G. 
Height, area, yard, and building coverage regulations.
(1) 
The following regulations shall govern the bulk standards of the zoning district:
(a) 
Minimum tract size: 20 acres.
(b) 
Minimum lot size: three acres, except that public utility facilities shall have a minimum lot size of 900 square feet.
(c) 
Maximum building size: 75,000 square feet.
(d) 
Maximum impervious surface coverage: 75% of total lot area.
(e) 
Maximum height: 50 feet with the exception of utilities.
(f) 
Minimum setbacks for all buildings:
[1] 
From the tract perimeter: 100 feet.
[2] 
Within a tract, the minimum side yard setback shall be 50 feet.
[3] 
Within a tract, the minimum rear yard setback shall be 50 feet.
[4] 
Within a tract, the minimum front yard setback shall be 50 feet.
[5] 
Buildings in excess of 35 feet shall be set back an additional 25 feet.
[6] 
Any principal building with another principal building: 50 feet.
[7] 
Any building face to an arterial street: 75 feet.
[8] 
Any building face to a collector or local street: 50 feet.
[9] 
Any building face to a parking space: 15 feet.
[10] 
Any parking space to an arterial street: 30 feet.
(g) 
The distance of any principal building to another principal building: 50 feet.
[Added 7-16-2007 by Ord. No. 32-2007]
(2) 
Any application for development under the terms of this section shall provide initially at least for the construction of either a minimum of 20,000 square feet of ground floor area or a minimum of 10 permitted main uses.
H. 
Performance standards. The following performance standards shall be adhered to in any Flexible Planned Industrial-Commercial District:
(1) 
Electrical disturbances. Electric or electronic equipment shall be shielded such that no interference of radio and television broadcasts shall be discerned beyond the operator's lot line.
(2) 
Noise.
(a) 
No activity or use shall produce a sound-pressure level on adjacent property in excess of the level permitted in the following table:
Octave Band Frequency
Cycles Per Second Greater Than
Cycles Per Second Less Than or Equal To
Residential District
(decibels)
Nonresidential District
(decibels)
20
75
72
79
75
150
67
74
150
300
59
66
300
600
52
59
600
1,200
46
53
1,200
2,400
40
47
2,400
4,800
34
41
4,800
----
32
39
(b) 
The maximum permitted sound levels for residential districts shall apply between the hours of 7:00 a.m. and 6:00 p.m. and shall be reduced by six decibels in each octave band for any other time of day.
(3) 
Odor. No operation shall release materials capable of becoming odorous, either by bacterial decomposition or chemical reaction, that cause or will cause odorous matter or vapor to be generated so as to be readily discernible without instruments from any point along the boundaries of each lot.
(4) 
Glare. No activity or use shall produce a strong, dazzling light or reflection of same beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light, or reflection will not be a nuisance to adjoining properties, dwellings, streets, or districts. In no event shall a lighting intensity greater than 0.25 footcandle, measured at grade, be permitted beyond the lot lines.
(5) 
Vibration.
(a) 
No activity or operation shall produce at any point along the lot line continuous earthborne vibrations greater than the maximum displacement as permitted in the following table:
Frequency
Cycles Per Second Greater Than
Cycles Per Second Less Than or Equal To
Residential District Displacement
(inches)
Nonresidential District Displacement
(inches)
0
10
0.0004
.00020
10
20
0.0002
0.0010
20
30
0.0001
0.0006
30
40
0.0001
0.0004
40
50
0.0001
0.0003
50
--
0.0001
0.0002
(b) 
Discrete pulses that do not exceed 100 impulses per minute may not produce more than twice the displacement specified in the table.
(6) 
Operation. All fabricating, manufacturing, or assembling activities shall take place within an enclosed building.
I. 
Storage and loading requirements.
(1) 
No outdoor storage shall be permitted more than of a temporary nature, apart from the outdoor retail sales permitted by this section. Outdoor storage shall be limited to 14 days in total duration, except during construction. There shall be no parking of trailers upon the site for longer than 14 days.
(2) 
All such establishments shall provide an off-street loading and unloading area for the pickup and delivery of materials that shall be so designated on the site plan and used for no other purpose.
J. 
Landscaping and buffering.
(1) 
Areas to be landscaped. All areas of a site not occupied by buildings and required improvements shall be landscaped by the planting of ground cover, shrubs and trees in appropriate quantities and locations.
(2) 
Installation. All plant materials shall be installed in accordance with promulgated guidelines of the American Nurserymen's Association as they may be amended or superseded. Planting materials shall be installed in accordance with an approved landscape plan when required as part of site plan or subdivision review. All plant material shall be guaranteed with an appropriate surety for a period of two years after final inspection.
(3) 
Landscape buffers along street lines. A landscaped buffer containing a meandering and undulating berm of not less than 25 feet in width shall be provided adjacent to any street line.
(a) 
Buffers may be comprised of earth berms, fences, and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those traveling on public streets or sidewalks and those persons at grade or first level on adjoining property and to prevent the shining of automobile headlights into the yards of adjacent property or in such a manner as to create a hazard for those traveling on a public street or sidewalk.
(b) 
In general, this buffer shall provide a visual screen between parking areas in the immediate vicinity of a street and those traveling along the street or side with materials no less than four feet above the finished grade of the parking areas.
(c) 
Shade trees shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area.
(4) 
Other landscape buffers. A landscape buffer of not less than 25 feet in width, containing a planted, meandering and undulating berm, shall be installed adjacent to any property line which does not abut a street. When the property line is adjacent to a residential use or a residentially zoned parcel, an additional buffer or green area of open space not less than 25 feet in width shall be installed adjacent to this landscaped buffer area creating a total buffer adjacent to any residential use or residentially zoned property of not less than 50 feet in width.
(a) 
Buffers may be comprised of earth berms, fences and landscaping, which shall be of a sufficient quantity and size to screen parked automobiles from view of those at grade or first floor level on adjacent property and to prevent the shining of automobile headlights into the yards of adjacent property.
(b) 
In general, this buffer shall provide a visual screen between the parking areas in the immediate vicinity of the residentially zoned property and an elevation no less than six feet above the finished grade of the parking areas.
(c) 
Shade trees shall be provided in the buffer at the rate of one tree per 1,000 square feet of buffer area.
(d) 
Landscaping buffers shall be designed to block 75% of all views from one side to the other five years after planting.
(e) 
The design of the landscaped buffers shall include a method to deliver adequate and necessary water to the plantings through irrigation or otherwise which shall be installed and maintained by the developer/owner through the term of the maintenance bonds and which shall be utilized to insure the viability, vitality and healthy growth of the plantings and prevent the loss of the plantings within the landscaped berm area. The design of this system shall be reviewed and approved by the Land Development Board with jurisdiction over the application.
(5) 
Landscaping in parking lots. Interior parking lot landscaping equal to or exceeding 4% of the gross square footage of the paved areas of the site used for drives and parking shall be provided.
(a) 
Such landscaping shall be provided in areas of not less than 150 square feet.
(b) 
Shrubbery shall be less than three feet in height, and shade trees shall have foliage of seven feet or higher in order not to impede sight distances of motorists and pedestrians.
(c) 
Landscaping in parking lots shall be so designed to avoid blocking required site lighting to the greatest extent possible.
(6) 
Planting size requirements. The following minimum plant sizes shall be required for any landscape material, measured in accordance with American Nurserymen's Association Standards:
(a) 
Shade trees: 2 1/2 inches to three inches in caliper.
(b) 
Ornamental trees: six feet to eight feet in height.
(c) 
Evergreen trees: six feet to eight feet in height.
(d) 
Shrubbery, both deciduous and evergreen:
[1] 
Prostrate (spreading): 18 inches to 24 inches in spread.
[2] 
Small (mature size under three feet in height): 18 inches to 24 inches in height.
[3] 
Large (mature size three feet or greater in height): 24 inches to 30 inches in height.
K. 
Signs. Any signs sought to be applied for shall be the subject of an application to the Township of Harrison and shall be in accordance with Sign Ordinances of the Township of Harrison.[5]
[5]
Editor's Note: See Art. XIII, Signs, of this chapter.
L. 
Additional studies required. The following studies shall be submitted prior to any preliminary approval of any site plan under this section:
(1) 
Environmental impact statement.
(2) 
Wetlands study.
(3) 
Traffic impact study.
M. 
Purpose of application. The applicant shall designate the purpose for which the site is sought to be developed and shall further define the number of employees; the type of business sought to be developed within, which shall be in accordance with this section; designation of all areas, including parking, loading, fire lanes, and such other elements as may be required by the Site Plan Review Ordinance of the Township of Harrison.[6]
[6]
Editor's Note: See Ch. 174, Site Plans, Major, and Ch. 176, Site Plans, Minor.
N. 
Phasing of development. Any application seeking approval in phases shall include the entire site and the future plans for development for any remainder of the site not covered by the initial application. All utilities will be demonstrated for the entire site, and drainage for the entire site, in order that a uniform plan may be developed. The development plan shall be designated, and phases indicated, which shall be submitted at one time, evidencing the entire plan for the construction of the project. The application shall include building size, height, shape, site positions, architectural design, and other elements which shall relate to the site, for the purpose of maintaining uniformity of design standards throughout the project, and conformity with applicable ordinances within the Township of Harrison. Uniformity shall include parking, lighting, drainage, landscaping, colors of buildings, decorations for buildings, signs contemplated, and such other elements as may be necessary to meet the requirements of the Site Plan Ordinance for the entire site. The purpose of any specific phasing is to provide for uniformity and conformity throughout the project.
O. 
Design standards for any loading and fire lane area. Any application which is required to provide for fire lane and loading areas shall contain sufficient information in the application, so as to provide for eighty-thousand-pound motor vehicles utilizing the site, and all design standards shall remain in accordance therewith.
[Added 5-20-2013 by Ord. No. 20-2013]
A. 
Specific intent. It is the purpose of the C-5 Village Center District to provide retail and service facilities which service primarily the daily needs of the immediate surrounding neighborhood and to encourage attractive, compact retail commercial development in locations close to the residences served.
B. 
Use regulations.
(1) 
Uses by right. In any C-5 District, lands, buildings or premises shall be used by right for the following; provided, however, that no single store shall occupy a floor area in excess of 10,000 square feet:
(a) 
Food market.
(b) 
Drugstore.
(c) 
Bakery.
(d) 
Clothing.
(e) 
Shoe store and repair.
(f) 
Jewelry store.
(g) 
Gift shop, florist shop.
(h) 
Book store, stationary store.
(i) 
Radio, TV and music store.
(j) 
Variety store.
(k) 
Dry goods and notions store.
(l) 
Hardware store, sporting goods.
(m) 
Barber and beauty shops.
(n) 
Dry-cleaning and laundry pickup shops.
(o) 
Tailors and dressmaker shops.
(p) 
Self-service laundry.
(q) 
Newspaper and magazine sales.
(r) 
Restaurant, provided that no restaurant or similar use shall be conducted as a drive-in or drive-through service establishment.
(s) 
Real estate and similar professional office.
(t) 
Finance and loan agencies.
(u) 
Medical and dental offices.
(v) 
Administrative offices.
(w) 
Post office.
(x) 
Bank.
(y) 
Library.
(2) 
Permitted conditional uses. The following principal uses are permitted in C-5 (not C-5 Overlay) conditionally upon a determination by the Planning Board that the use can be provided in a manner that will minimize the impact upon adjacent properties and will conform with the additional standards provided herein and in Article XXI of this chapter.
(a) 
Convenience store, provided that it shall be the sole use on a lot, it shall not be permitted to sell motor vehicle fuels and/or household fuels, and that the following standards shall be met:
[1] 
Minimum required lot area: 22,000 square feet.
[2] 
Minimum street frontage: 125 feet.
[3] 
Minimum lot width: 125 feet.
[4] 
Minimum lot depth: 175 feet.
[5] 
Minimum building setback from any lot line abutting a street shall be:
[a] 
From an arterial street: 50 feet.
[b] 
From a collector street: 50 feet.
[c] 
From a local street: 100 feet.
[6] 
Minimum building setback from any side lot line: 20 feet.
[7] 
Minimum building setback from any rear lot line: 50 feet.
[8] 
Maximum building height: 35 feet.
[9] 
Minimum landscape buffer along any property line: not less than 25 feet in width.
[10] 
Maximum permitted impervious coverage: 60%.
[11] 
Maximum permitted building coverage: 25%.
[12] 
Off-street parking: at the rate of one parking space for each 125 square feet of gross floor area.
[13] 
Driveways providing ingress and egress to a site and the off-street parking spaces: arranged so that vehicles exiting parking spaces shall not block 25 feet of a driveway entrance aisle nearest the street line.
[14] 
Signs in conformance with the requirements of Article XIII of this chapter.
(b) 
Additionally, the design of all signs shall be complimentary to and/or incorporated into the architecture of the buildings they serve.
C. 
Special use regulations.
(1) 
All development within the C-5 or C-5 Overlay Zone designations shall be subject to the following special use regulations:
(a) 
All vehicular and service access to subject parcels shall be restricted to North Main Street, Route 322, the Route 322 bypass, and to the first 100 feet of Earlington Avenue off of North Main Street.
(b) 
Architectural controls shall be employed to ensure that development addresses the context of Mullica Hill and its neighborhoods as follows:
[1] 
Design standards.
[a] 
Building fronts shall be oriented to the primary street upon which the structure is sited.
[b] 
All buildings shall have pedestrian access (i.e. public access) on the street frontage side of the building (typically the "front").
[c] 
All HVAC and telecommunication systems shall be screened or minimized from public view and from adjacent properties. Screening shall be designed to blend with the architecture of the principal building.
[d] 
Blank facades shall be prohibited. Facades shall use material variety and changes in massing. All facades shall provide windows, facade offsets, and breaks.
[e] 
Building roofs visible to the public are to be uncluttered. Vertical roof projections such as vents, stacks, shafts, or roof-mounted equipment shall be screened from public view or otherwise integrated into the architecture. All penetrations through the roof (i.e., mechanical equipment or skylights) shall be organized in a manner that is compatible with the architectural form of the building and/or screened from view by parapet walls or an approved enclosure. Screening shall reflect and complement the architecture of the building.
[f] 
All utility and related appurtenances shall be located underground, inside the principal building or structure, or screened from public view by appropriate architectural or landscape materials (preferably both).
[g] 
Overall character of buildings will generally have a "traditional" character.
(2) 
Horizontal divisions. Buildings designed to reflect a traditional character shall be comprised of a visually distinct base, middle, and top. Adopting a base-middle-top strategy is appropriate for relating the building to the pedestrian experience (base), providing signage and creating architectural massing (middle), and creating unique identity where the building meets the sky (top).
(a) 
Buildings shall have a one-foot to three-foot-six-inch sub-base accompanied by a ten-foot to fifteen-foot "pedestrian zone" base with architectural detailing scaled to the pedestrian. This pedestrian zone base shall be composed of glazing, durable materials, entries, lighting, awnings, and signage.
(b) 
The base shall be made of durable materials such as stone, brick, or precast concrete.
(c) 
The horizontal components of the base may be interrupted by windows and doors where appropriate. The middle of a typical two-story building is generally composed of an organized composition of windows, awnings, doors, signage, decorative lighting, and wall materials.
(d) 
The top of a building shall include at least one of the following: an entablature, cornice, pitched roof, and/or eave.
(e) 
The cornice shall be proportional to the building height, and no less than 1/10 the height of the building.
(3) 
Vertical divisions. Buildings shall have architectural breaks and massing that visually breakup and reduce the building scale and create variety along the streetscape. Massing and rhythm are vertical organizing principles and are established on a macro-scale by designing and analyzing the volumetric facades and building strings as compositions.
(a) 
Architectural compositions shall address the principles of massing and rhythm through changes in planes, materials, horizontal bands, cornices, and varied window openings. Breaks shall reflect the scale of the village and occur a minimum of 30 linear feet on center along both primary and secondary facades.
(b) 
Vertical architectural massing which emphasizes the main building entrance or corners is permitted.
(4) 
Facades. All shall be designed with greater attention to detail, quality of material, and respect for the pedestrian experience.
(a) 
The primary facades of all buildings shall be designed to a pedestrian scale, most importantly the base.
(b) 
Secondary and tertiary building facades shall not have extensive, uninterrupted lengths without a recess or projection.
(c) 
Loading zones shall be screened from view by walls, fencing, and/or landscaping.
(d) 
Secondary and tertiary facades shall be designed to avoid a massive or uniform appearance. Vertical and horizontal articulation and massing are required, including piers, pilasters, canopies, recesses/ projections, windows, etc.
(e) 
Materials used for primary facades shall continue around the corner onto secondary facades (minimum 24 inches) and be terminated at a natural massing or architectural break rather than ending arbitrarily.
(f) 
Plantings and buffers shall be used to screen secondary and tertiary facades.
(g) 
Mechanical equipment and loading shall not occur on primary facades. However, both shall be fully screened and buffered from adjacent neighborhood.
(5) 
Roofs, cornices, and eaves. All structures shall reflect the village character and shall have pitched roofs. Long, uninterrupted ridgelines shall not be permitted. Ridgelines shall have a maximum run of 30 linear feet.
(a) 
Main roof materials and slope shall remain consistent for a single building. Minimum slope for a hipped roof shall be 5/12.
(b) 
Exposed gutters are not permitted on primary facades of buildings.
(c) 
Towers, projecting roofs and pediments shall return toward the building rear and be designed as three-dimensional elements.
(6) 
Materials. Consistency of materials is encouraged to create a uniform and recognizable identity. Buildings shall reflect earthtone materials and colors. Exterior building facades are typically composed of one dominant material and not more than two additional materials. Although nearly anything is possible with modern engineering, the natural structural properties and limits of materials should be kept in mind when designing.
(a) 
Primary facade colors should be low reflectance, subtle, neutral, or earth tone colors. The use of high-intensity colors (metallic colors, black and/or fluorescent colors) are not permitted. Building trim, accents, and signage may use brighter colors.
(b) 
The dominant exterior material shall comprise 60% or more of the total primary building facade area and 30% or more of the total secondary building facade area.
(c) 
Expansion joints shall be concealed by pilasters or located at other natural massing changes, coordinated with the building rhythm.
(d) 
Permitted exterior building materials:
[1] 
Wood or composite trim.
[2] 
Brick and Quick-Brik®.
[3] 
Stone or cast stone.
[4] 
Clear glass.
[5] 
Wood or concrete plank siding (limited as a secondary or accent materials and limited to upper floors only).
[6] 
Exterior-grade MDF (medium density fiberboard).
(e) 
Permitted roofing materials within pedestrian view:
[1] 
Architectural-grade asphalt shingles.
[2] 
Standing seam metal roof, including prefabricated standing seam.
[3] 
Slate (including runner or polyethylene simulated slate).
(f) 
Prohibited exterior building materials:
[1] 
Aluminum siding.
[2] 
Textured plywood siding.
[3] 
Highly reflective glass.
[4] 
Stucco or EFIS.
[5] 
CMU (concrete masonry units or concrete block).
(7) 
Awnings. Windows may be shaded by either an awning or solar screen for function and/or aesthetic purposes. Awning heights shall vary and may be placed on opaque bulkheads.
(a) 
Mounted heights and projections of awnings shall not interfere with pedestrian traffic. Minimum height of bottom of awning is eight feet in pedestrian/public zones.
(b) 
No fabric awnings will be permitted beneath covered arcades.
(c) 
Awnings with closed, illuminated soffits or that are translucent and internally illuminated are not permitted.
(d) 
Frame colors shall be black, natural metal color, or match awning color.
(e) 
Awnings shall be fabric.
(8) 
Doors and windows. Buildings shall be designed to maximize visibility into the interior space.
(a) 
Designs shall maximize the use of clear glass that encourages maximum transparency.
(b) 
Framing materials are to be high quality, durable finishes with minimal maintenance requirements.
D. 
Development within the C-5 Overlay shall comply with the following additional standards:
(1) 
To qualify for C-5 uses, parcels must be combined with parcels fronting on North Main Street and must attain a total combined minimum lot area of 2.75 acres.
(2) 
Earlington Avenue shall be modified in design to restrict through traffic beyond 500 LF off of North Main Street. It shall be designed to allow emergency vehicle access only.
(3) 
A twenty-five-foot-wide landscape buffer shall be provided along Earlington Avenue and along the Route 322 bypass.
(4) 
A six-foot-high landscaped berm shall be required along the Route 322 bypass in the vicinity of Lot 2 and as directed by the Board to ensure the quiet enjoyment of the residential areas adjacent to the subject area. A portion of the berm shall be required off-tract improvement to complete the continuity of the Route 322 bypass buffer.
E. 
Lots within the C-5 shall comply with the following standards:
(1) 
Lot size: 22,000 square feet minimum.
(2) 
Lot width at building setback line: 100 feet minimum.
(3) 
Lot coverage: 35% maximum.
(4) 
Front setback: 35 feet minimum.
(5) 
Side yards: twenty-foot aggregate total with an eight-foot minimum each.
(6) 
Rear yards: 20 feet minimum.
(7) 
Height: 35 feet maximum or three stories.
F. 
Other requirements: off-street parking, loading and unloading, signs, open space landscaping and buffers and all other applicable supplemental regulations as required by Articles XVII and XII of this chapter. Signs shall follow Article XIII. Specific sign regulations shall follow § 225-93.1, Main Street District.
G. 
Zone boundaries. Lands designated to be zoned C-5 District by lot and block number identification:
(1) 
Block 60.01, Lots 25, 26;
(2) 
Block 63, Lots 1, 3, 4, 5, 6, 7, 8;
(3) 
Block 45, Lots 14.01.
H. 
Zone boundaries. Lands designated to be zoned MSD within C-5 District Overlay by lot and block number identification:
(1) 
Block 61.01, Lots 1, 24.01, 24 and PO Lot 3 for a distance of ± 197 feet from North Main Street.
I. 
Zone boundaries. Lands designated to be zoned R-2 with C-5 District Overlay by lot and block number identification:
(1) 
Block 61.01, Lots 2, 2.01, 2.02, and PO Lot 3 adjacent and to the south of Lots 2 and 2.02.
J. 
Permitted accessory uses.
(1) 
Solar panels erected on the roof of a building or on the ground, subject to meeting all of the requirements of § 225-132D.