Borough of Rockaway, NJ Article IX HC-1 and HC-2 Highway Commercial Districts

[Amended 12-13-2012 by Ord. No. 26-12; 11-10-2022 by Ord. No. 25-22]

§ 172-72 Permitted principal uses.

A. Highway Commercial 1 (HC-1) permitted uses:

(1) Retail sales and service businesses.

(2) Banks and financial offices.

(3) Professional offices.

(4) Restaurants, cafes, taverns and other food and beverage establishments, including those establishments commonly known as "fast-food" establishments.

(5) Vocational schools and studios for instruction in the arts, dancing, music, languages, photography and similar activities.

(6) Nursery schools and child-care centers per N.J.S.A. 40:55D-66.6.

(7) Medical and dental clinics and laboratories.

(8) Clubs, lodges and fraternal, civic and charitable organizations.

(9) Municipal government buildings and uses, including planned open space and conservation areas.

(10) Cannabis retailer sited on lots within the zone district with direct frontage on U.S. Route 46 and licensed by the state and the Borough of Rockaway.

B. Highway Commercial 2 (HC-2) permitted uses:

(1) Any use permitted in the HC-1 District.

(2) Motor inns.

(3) Shopping centers and strip malls.

(4) Motor vehicle sales.

(5) Theaters and cinemas.

(6) Animal hospitals without animal boarding and located at least 100 feet from a residential district.

(7) Indoor commercial recreational activities, provided that the entire use takes place within a building with suitable acoustical construction so as to preclude interior noise outside the building walls.

§ 172-73 Permitted accessory uses.

The following shall be permitted accessory uses in the H-C District:

A. Signs conforming to Article IV, Signs, of this chapter.

B. Parking and parking facilities conforming to Chapters 170 and 171.

C. Outdoor storage as regulated in § 172-22.

D. Used motor vehicle sales, accessory to and on the same site as motor vehicle sales.

E. Used equipment sales, but only as accessory to the sale of new equipment.

F. Other accessory uses customarily incident to the permitted principal uses.

§ 172-74 Conditional uses.

A. The following shall be conditionally permitted uses in the HC-2 District:

(1) Public garages and gasoline service stations.

(2) Municipal government buildings and uses including planned open space and conservation areas.

(3) Premises for the operation of amusement machines subject to the conditions and requirements of § 172-78 of this chapter. In considering the approval of such premises as a conditional use, the Land Use Board shall consider the potential impact of the use at the proposed location on such factors as traffic circulation and safety, the impact on surrounding businesses and residences and any potential detrimental effects to the health, safety and welfare of the citizens of the Borough of Rockaway.

(4) Operation of amusement machines.

(a) The operation of amusement machines as an accessory use in the H-C District shall be subject to the following:

[1] There shall be 60 square feet of operating area for each machine, inclusive of the area occupied by such machine. In the event that the floor area occupied by any particular machine exceeds 10 square feet, the area required for that particular machine shall increase so that the area surrounding such machine shall contain a minimum of 50 square feet, the total square footage of machine area and floor area to equal 60 square feet, as if that machine were the only machine in the establishment. The calculation of the operation area shall exclude any area of the premises devoted to a use not directly essential to the operation of the amusement machine. However, there shall not be allowed as an accessory use more than six amusement machines as defined in § 169-4, entitled "Definitions," of Chapter 169, Land Use Administration and Procedures, of the Code of the Borough of Rockaway, New Jersey.

[2] No sound from the amusement machines shall be discernible outside the walls of the premises.

[3] Nothing herein stated shall be construed to exempt the proprietor of an establishment wherein amusement machines are operated as an accessory use from complying with the requirements of any other ordinance of the Borough.

B. Conditional uses shall, in the HC Districts, comply with the following standards:

(1) Front yard: 75 feet.

(2) Rear yard: 50 feet.

(3) Side yard: 25 feet.

(4) Frontage: 200 feet.

(5) Floor area ratio: 0.20.

(6) Maximum impervious coverage of lot: 50%.

C. The following shall be conditionally permitted uses in the HC-1 District:

(1) Churches and similar places of worship of recognized religious groups as defined in § 169-4.

(2) Public and private schools teaching academic subjects.

(3) Public libraries.

(4) Public utility facilities.

(5) Community residences and shelters for the developmentally disabled, community residences and shelters for victims of domestic violence and community residences and shelters for persons with head injuries pursuant to N.J.S.A. 40:55D-66.1 of the Municipal Land Use Law.

(6) Shopping centers and strip malls on parcels not less than 55,000 square feet in area.

§ 172-75 Compliance with scheduled requirements.

Except as otherwise provided in this chapter, the requirements and limitations contained in the Schedule of Zoning Requirements referred to in § 172-5 shall be complied with.[1]

[1] Editor's Note: Said Schedule is included as an attachment to this chapter.