Township of Harrison, NJ Article IV Main Street District

[Added 7-18-1990 by Ord. No. 13-1990; amended 7-18-1990 by Ord. No. 22-1990; 8-20-1990 by Ord. No. 27-1990; 4-21-2003 by Ord. No. 11-2003; 4-21-2003 by Ord. No. 12-2003; 7-6-2004 by Ord. No. 19-2004; 3-7-2005 by Ord. No. 3-2005; 11-17-2008 by Ord. No. 37-2008]

§ 225-19 Intent.

The intent of the Main Street District is to facilitate the coexistence of both commercial and residential uses within the existing historic buildings found in this unique district. The buildings within this district were originally residential in use and are now at the center of an historical and commercial corridor within the Township. The goal of this article is to promote the commercial vitality of the district and the residential uses which continue in such a way as to complement each use and the historic character of the existing structures.

§ 225-20 District boundaries.

[Amended 4-20-2009 by Ord. No. 09-2009; 5-16-2016 by Ord. No. 7-2016]

The Main Street District covers the following parcels:

Block 60.01, Lots 25, 26

Block 61, Lots 1, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 24.01

Block 62, Lots 6, 7, 8, 9, 10, 11, 12, 24, 25, 26, 26.01, 27, 28, 29, 30

Block 64, Lots 5, 6, 7, 8, p.o. 9 to rear line of lot 10, 10, 12, 13, 15, 16, 17, 18, 19, 20, 22

Block 65 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 16, 17, 18, 24, 24.02, 26, 27, 28, 29, 30, 31, 32

Block 66, Lots 1, 2, 3, 3.01, 4

Block 67, Lots 1, 2, 3, 5, 6, 6.01, 7, 8, 9, 10, 11, 11.01, 12, 21

Block 69, Lots 1, 15, 16

Block 70, Lots 1, 2, 2.01, 2.02, 2.03, 3, 4, 5, 6, 6.01, 7, 8, 9, 15, 16

Block 71, Lots 1, 2, 3, 4

Block 73, Lots 1, 5, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 27.01, 28, 29, 29.01, 30, 31, 32, 34, 35, 35.01, 36, 37, 38, 39, 40, 41, 42

§ 225-21 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ADULT ENTERTAINMENT

An establishment consisting of including or having the characteristics of any of the following:

A. ADULT BOOKSTORE AND NOVELTY SHOP An establishment having as a primary, substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, novelties, notions, materials, supplies or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

B. ADULT CABARET An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas. Also a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.

C. ADULT MOTION-PICTURE THEATER An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.

AMUSEMENT

Establishments engaged in providing entertainment for a fee and including such acts as dance halls, studios, theatrical productions, bands, orchestras, and other musical entertainments, bowling alleys, rings, rinks, public golf courses, sports and health clubs, and swimming pools.

§ 225-22 Use regulations.

In the Main Street District, no building or land shall be used and no building shall hereafter be erected or altered unless specifically enumerated in this article or otherwise specifically provided for in this chapter. Buildings within this district may be dedicated to a single use or may be dedicated to a combination of the permitted uses enumerated below, subject to the site design requirements and the other applicable ordinances of the Township of Harrison.

A. Permitted uses.

(1) Single-family detached dwelling.

(2) Single-family detached dwelling combined with permitted nonresidential uses in the same building.

(3) General retail uses.

(4) Institutional uses.

(5) Shops specializing in personal or business services, excluding the repair of large items which cannot be hand carried, including but not limited to barber and beauty shops; day spas; dry-cleaning and laundry pickup shops; self-service laundry; clock and jewelry repairs.

(6) Eating and drinking establishments, provided that:

[Amended 4-16-2012 by Ord. No. 24-2012]

(a) No business shall be conducted as a drive-in or drive-through establishment.

(b) No business shall be permitted a drive-through lane or windows for the sale of food or drink to be taken off site by customers.

(7) Studios for instruction in dance, music, pottery, yoga and similar arts.

(8) Utility company offices and public utility facilities service.

(9) A consignment market where individuals selling similar goods lease small display areas within one building, such as an antique fair or indoor market.

(10) Amusements.

(11) Professional office use and facilities of financial and related service organizations, including banks, stock brokers, realtors, insurance agencies and similar facilities, provided that adequate off-street parking must be provided for the particular professional office use proposed as well as the additional uses on the land.

B. Prohibited uses. The following uses are specifically prohibited:

(1) Tattoo parlor.

(2) Piercing salon.

(3) Adult entertainment.

(4) Massage parlor.

(5) Arcades.

(6) Billiard and pool establishments.

(7) Coin-operated amusements.

(8) Game parlors.

C. Accessory uses:

(1) Off-street parking lots.

(2) Signs.

(3) Fences and walls.

(4) Home occupation.

(5) Solar panels erected on the roof of a building or on the ground, subject to the requirements of § 225-132D.

[Added 4-18-2011 by Ord. No. 15-2011]

D. 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 requirements of this article, the additional standards provided herein, and the other applicable requirements of this chapter.

(1) 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:

(a) Minimum required lot area:

[1] Lot served by public water and public sewer: 22,000 square feet.

[2] Lot not served by public sewer and public water: 43,560 square feet.

(b) Minimum street frontage: 125 feet.

(c) Minimum lot width: 125 feet.

(d) Minimum lot depth: 175 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 20 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 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.

(n) Signs in conformance with the requirements of Article XIII.

(2) Outdoor seating for the consumption of food, provided the following conditions are met: a) said seating is operated in conjunction with an existing approved indoor restaurant under the same ownership and management; b) the seating is situated outside of any public right-of-way; c) the construction and appearance of the outdoor seating area has met all requirements of the Mullica Hill Historic District where applicable; d) the outdoor seating involves four tables or 16 seats whichever is less. If the Zoning Officer reviews the plans and determines that the outdoor seating meets all of the conditions of this use as set forth herein, no site plan review is required.

[Amended 7-6-2009 by Ord. No. 25-2009; 8-19-2013 by Ord. No. 32-2013]

§ 225-23 Bulk standards for lots served by public sanitary sewer.

A. Minimum lot area: 0.5 acre (21,780 square feet).

B. Minimum street frontage: 80 feet.

C. Minimum lot width: 100 feet.

D. Minimum lot depth 150 feet.

E. Minimum building setback from any lot line abutting:

(1) Arterial street: 35 feet.

(2) Collector street: 35 feet.

(3) Residential street: 35 feet.

F. Minimum building setback from a side lot line: eight feet.

G. Minimum aggregate side yard setback (two yards): 20 feet.

H. Minimum building setback from a rear lot line: 20 feet.

I. Maximum permitted building coverage: 35%, provided that no single building shall be larger than 5,000 square feet.

J. Maximum permitted impervious coverage: 60%.

K. Maximum permitted building height: 35 feet.

L. Accessory structures shall not be located in a front yard nor shall they be located within eight feet of any property line; provided, however, that accessory structures which are 120 square feet or less in gross floor area may be located no closer than five feet to a side or rear property line.

M. No single building shall be larger than 5,000 square feet.

§ 225-24 Bulk standards for lots not served by public sanitary sewer.

A. Minimum lot area: one acre (43,560 square feet).

B. Minimum street frontage: 150 feet.

C. Minimum lot width: 150 feet.

D. Minimum lot depth: 150 feet.

E. Minimum building setback from any lot line abutting:

(1) Arterial street: 50 feet.

(2) Collector street: 50 feet.

(3) Residential street: 35 feet.

F. Minimum building setback from a side lot line: 25 feet.

G. Minimum aggregate side yard setback (two yards): 50 feet.

H. Minimum building setback from a rear lot line: 50 feet.

I. Maximum permitted building coverage: 35%, as long as no single building is larger than 5,000 square feet.

J. Maximum permitted impervious coverage: 60%.

K. Maximum permitted building height: 35 feet.

L. Accessory structures shall not be located in a front yard nor shall they be located within eight feet of any property line; provided, however, that accessory structures which are 120 feet or less in gross floor area may be located no closer than five feet to a side or rear property line.

M. No single building shall be larger than 5,000 square feet.

§ 225-25 Buffer and landscaping requirements.

A. Single-family dwellings: none required.

B. Conversions of existing residential structures to nonresidential use.

(1) All portions of the front yards area not required for access walks and driveways shall be attractively landscaped with a variety of deciduous and evergreen trees, shrubs, grass, or similar natural ground cover.

(2) A landscaped buffer screen at least eight feet in width shall be provided adjacent to any side or rear property line.

C. New nonresidential development.

[Amended 7-1-2009 by Ord. No. 17-2009]

(1) A landscaped buffer of not less than 20 feet in width shall be provided adjacent to any street line. Buffers may be comprised of earth berms, fences (not to exceed 20% of the linear distance of the street frontage), and landscaping. Shade or ornamental trees shall be provided in the buffer at the rate of one per 1,000 square feet of buffer area.

(2) A landscaped buffer of not less than 20 feet in width shall be provided along any common property line in a side or rear yard. 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 in adjacent homes and to prevent the shining of automobile headlights into the yards of adjacent property. This buffer shall provide a visual screen between the parking areas of the subject lot and an elevation no less than seven feet above the finished garage of the parking areas. Shade trees or ornamentals shall be provided in the buffer at the rate of one per 1,000 square feet of buffer area.

(3) Interior parking lot landscaping equal to or exceeding 10% 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 four feet in height and shade trees shall have foliage of seven feet plus in order to provide for vision of pedestrians.

§ 225-26 Signs.

Signs shall be permitted by Article XIII.

§ 225-27 Off-street parking and loading.

A. No off-street parking shall be permitted between a front yard building line and a street.

B. Off-street parking and loading shall be as required by Article XII.

§ 225-28 Determination of architectural style of structures.

A. Proposed new structures and buildings.

(1) Where any new structure is proposed to be erected within the Main Street District, the current structure or previously existing structure (as documented in the record plan) in the case of a vacant lot will be utilized as a guide to determine the general appearance, size, architectural style and period, and exterior building materials of the new structure. In the event the existing or previous buildings on the site are not contributors to the historic character of the district, the new structure shall be designed and erected to maintain the general appearance of the surrounding buildings with regard to architectural style and period, size, height and exterior building materials.

(2) Where a new structure is proposed and no previous building existed, the new structure shall be designed and erected to maintain the general appearance of the surrounding buildings with regard to architectural style and period, size, height, and exterior building materials.

B. Existing structures and buildings. When an existing building is proposed to be repaired, altered by expansion, or reduced in size, or new exterior materials are proposed, the existing general appearance shall be maintained.

C. When determining the architectural style, period, area dimensions, height, fenestration, exterior materials, etc., of a new building, the Planning Board shall recognize modern materials which are intended to replace age-old patterns of wood and/or obsolete building materials either no longer in existence or no longer practical for use in building.

D. In establishing architectural period, general appearance, required setbacks, and height and bulk of a proposed structure, the Planning Board may retain the services of qualified registered architects to assist in evaluating the existing and proposed architectural character.

E. All applications shall be reviewed in the context of the Site 5 development considerations photographs in the July 2008 Master Plan Re-Examination Report.

§ 225-29 Miscellaneous provisions.

A. No merchandise, products, waste equipment, or similar material or objects shall be stored outside.

B. All portions of the property not utilized by buildings or paved surfaces shall be landscaped.

C. The established grades on the site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

D. Trash containers must be enclosed behind an opaque fence or wall at least five feet in height, with an opaque self-closing gate. The exterior finish material of the trash enclosure and gate must be compatible with that of the exterior of the principal structure.