Township of West Deptford, NJ Article IV Commercial Districts

§ 166-18 Classification.

There shall be two classes of commercial districts: neighborhood commercial districts, which shall be designated as "NC Neighborhood Commercial Districts" and general commercial districts, which shall be designated as "C Commercial Districts."

§ 166-19 Use regulations.

A. NC Neighborhood Commercial Districts. In NC Neighborhood Commercial Districts, a building may be erected or used, and a lot may be used or occupied, for any of the following purposes and no other:

(1) Any use permitted in R-3 Residence Districts.

(2) Grocery or retail food stores only, provided that no goods shall be displayed on the exterior of the building.

(3) A drugstore, including sales of reading matter, stationery, tobacco and vanity goods.

(4) A barbershop, beauty shop, laundry and dry-cleaning agency, tailor or dressmaking shop or other personal service shop.

(5) A professional office or office building, including the offices of a physician, dentist, surgeon, optician or other practitioner of the healing arts for humans; attorney, accountant, tax consultant, engineer, insurance broker or any combination of specified offices.

(6) A restaurant or dining room, provided that all preparations of food and drink shall be within the building in which the business is conducted. Uses such as drive-in restaurants, refreshment stands, snack bars, dairy bars, etc., where customers are served food and/or drink for immediate consumption, are not permitted.

[Amended 12-1-2021 by Ord. No. 2021-16]

(7) A motor vehicle parking lot for customers, clients, employees and residents, not including motor vehicle sales, service or repair facilities, or the dead storage of vehicles.

(8) A dwelling for one family in combination with one of the foregoing business uses.

B. C Commercial Districts. In C Commercial Districts, a building may be erected or used, and a lot may be used or occupied for any of the following purposes and no other:

(1) All uses permitted in the R-3 District, in accordance with all R-2 District area requirements.

[Amended 11-6-2003 by Ord. No. 2003-15]

(2) A dwelling for one family in combination with a business use.

(3) A hotel.

[Amended 4-3-2014 by Ord. No. 2014-08]

(4) A retail store, office, agency or studio, bank, personal service and craftsman's shop, mortuary, restaurant or dining room, provided that all preparation of food or drinks shall be within the building in which the business is conducted. Uses such as a drive-in restaurant, refreshment stand, snack bar, dairy bar, etc., where customers are served food and/or drinks for immediate consumption are not permitted.

[Amended 12-1-2021 by Ord. No. 2021-16]

(5) A motor vehicle service station, automobile sales agency for new vehicles and parking structure or lot, provided that all facilities are located and all services are conducted on the lot, and provided that no motor vehicle service station shall hereafter be erected (nor may a building be converted to such use) upon any lot unless no part of such lot is located within 2,000 feet of the boundaries of any lot then in use by any other motor vehicle service station, regardless of whether such other motor vehicle service station be located within or outside of the Township of West Deptford, and provided further that no motor vehicle service station shall hereafter be erected (nor may a building be converted to such use) within 500 feet of the nearest lot line of any church, school or library. Only minor repairs shall be permitted as part of service station operations, which repairs shall not include body work, engine overhaul, or other work customarily considered to be major repairs. All such minor repairs shall be performed within an enclosed building. The outdoor parking of partially repaired vehicles or vehicles awaiting repair shall not exceed 48 hours.

(6) A motel or hotel, on a lot area of not less than five acres, on certification by the appropriate health agency that the sanitary provisions for the proposed use are adequate; trailer park, and/or trailer sales, subject to the provisions of the West Deptford Township Trailer Control Ordinance, Chapter 154, Article I.

(7) Commercial, business or technical school for adult training; club or lodge; indoor theater.

(8) A hand or automatic self-service laundry or dry-cleaning establishment.

(9) A newspaper publishing or job printing establishment.

(10) A bakery or confectionery shop for the production of articles to be sold only at retail on the premises.

(11) A physician, dentist, surgeon or other licensed practitioner of the healing arts for humans; offices of an attorney, accountant, architect, or engineer. Further subject to the parking requirements associated with the Professional Office Zone.

[Added 4-3-2014 by Ord. No. 2014-08]

(12) The following uses when authorized as a conditional use subject to the general standards prescribed in §§ 166-42 and 166-32 hereof.

[Amended 4-3-2014 by Ord. No. 2014-08]

(a) A place of amusement, recreation or assembly, other than an outdoor theater. For purposes of this subsection, place of amusement includes, without limitation, arcades where automatic or mechanical amusement devices [as defined in § 166-19B(14) below], are one of the principal businesses of an establishment or in which such machines exceed two in number.

[Amended 4-21-1983 by Ord. No. 83-7]

(b) A public garage, car-washing establishment or used car sales agency or lot, leasing agency for trailers, trucks and vans or machine shop.

(c) A research laboratory or similar experimental, testing or scientific establishment, involving no danger from fire or explosion and involving no commercial production or storage of any commodity, except for storage necessary for scientific research.

(13) Any use of the same general character as any of the above permitted uses subject to the conditions and procedural requirements which apply to the permitted use, provided that no use which is noxious or hazardous shall be permitted except in accordance with § 166-32.

[Amended 4-3-2014 by Ord. No. 2014-08]

(14) An accessory use on the same lot with and customarily incidental to any of the above permitted uses. Automatic or mechanical amusement devices may be located on the premises of any permitted commercial establishment as an accessory use, provided that the maximum number of such devices does not exceed two. For purposes of this subsection, "automatic or mechanical amusement device" shall mean any machine which upon the insertion of coin, slug, token, plate or disc may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated; it shall include video-type games or machines or similar devices that use a display screen for points, lines or dots of light that can be manipulated to simulate games or other types of entertainment; it shall not include, nor shall this subsection apply to, music-playing devices.

[Amended 4-21-1983 by Ord. No. 83-7; 4-3-2014 by Ord. No. 2014-08]

(15) Signs shall also be permitted as an accessory use when erected and maintained in accordance with the provisions of § 166-43 hereof.

[Added 4-21-1983 by Ord. No. 83-7; amended 4-3-2014 by Ord. No. 2014-08]

C. Accessory uses.

[Added 12-1-2021 by Ord. No. 2021-16]

(1) An accessory use on the same lot with and customarily incidental to any of the above permitted uses. Automatic or mechanical amusement devices may be located on the premises of any permitted commercial establishment as an accessory use, provided that the maximum number of such devices does not exceed two. For purposes of this subsection, "automatic or mechanical amusement device" shall mean any machine which upon the insertion of coin, slug, token, plate or disc may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated; it shall include video-type games or machines or similar devices that use a display screen for points, lines or dots of light that can be manipulated to simulate games or other types of entertainment; it shall not include, nor shall this subsection apply to, music-playing devices.

[Amended 4-21-1983 by Ord. No. 83-7; 4-3-2014 by Ord. No. 2014-08]

(2) Outdoor dining. All restaurants, as defined in § 166-6 herein, may have outdoor seating and dining as an accessory use, subject to the following conditions:

(a) If the seating area is proposed as part of a site plan application, it shall require site plan review and approval by the approving authority, in accordance with the requirements of § 143-20.

(b) If the seating area is proposed to be added for an existing business, a plan providing sufficient information to determine compliance with Chapters 102, 143 and 166 shall be submitted for review and approval by the Zoning Officer.

(c) Outdoor seating areas shall comply with all applicable building and fire codes and with the ADA accessibility requirements of N.J.A.C. 5:23-7.

(d) No outdoor seating shall be located in, or encroach upon, a pedestrian walkway. Outdoor seating areas shall be located in a manner to maintain a minimum pathway width of four feet (clear of structures such as light poles, trees and hydrants) along the sidewalk so as not to interfere with pedestrian traffic. Waste receptacles shall be provided in instances where wait staff does not clear all tables.

(e) If the proposed seating area provides for more than 10 occupants within the outdoor dining area, requirements for off-street parking for restaurants shall be computed and required according to the standards contained in § 166-33, as indicated for restaurant use.

(f) The hours of operation for the outside portion of the restaurant shall be consistent with, and no later than, the hours of operation of the inside restaurant.

(g) Each facility is responsible for compliance with Chapter 105, Littering, and for keeping the area of the outdoor cafe and the adjacent sidewalks and streets free and clear of debris or litter occasioned by outdoor dining. Areas must be cleaned as needed, at the time that business is closed and at the beginning of each business day, but not later than 9:00 a.m.

(h) The outdoor dining area shall be circumscribed by a portable-type enclosure, which may include live potted plantings. The enclosure shall define the perimeter of the area to be used for outdoor dining and shall separate it from the pedestrians traversing the adjacent sidewalk. The enclosure shall not contain doors or windows, and shall be open at all times to the air, and the barrier shall have a minimum height of three feet.

(i) Awnings or outdoor umbrellas extending over the enclosure are permitted, provided that the lowest portion of the awning or umbrella is not less than seven feet above the adjacent sidewalk and does not extend more than one foot beyond the enclosure.

(3) Signs shall also be permitted as an accessory use when erected and maintained in accordance with the provisions of § 166-43 hereof.

§ 166-20 Area regulations.

Every building in the NC Neighborhood Commercial or C Commercial Districts hereafter erected or used in whole or in part as a dwelling shall comply with the area requirements prescribed in § 166-14B(2) for R-2 Residence Districts. For commercial and other buildings, no part of which is used as a dwelling, the following regulations shall apply:

A. Lot area. A certificate of adequacy by the appropriate health agency shall be required for all uses where neither sewer nor water facilities are available or utilized, and may be required where one but not both, facilities are available and utilized. In Neighborhood Commercial Districts, lot areas and width shall comply with the requirements of § 166-14B(2). A minimum lot area shall be provided for every building hereafter erected or used in whole or in part in accordance with the following:

(1) Where neither a public water supply system nor sanitary sewer facilities are available or utilized: 20,000 square feet.

(2) Where either public water or sanitary sewer facilities, but not both, are available and utilized: 15,000 square feet.

(3) Where both public water and sanitary sewer facilities are available and utilized: 10,000 square feet.

B. Building and lot coverage. Not more than 50% of the lot area shall be occupied by buildings, and a total of not more than 75% of the lot area shall be occupied by buildings, parking areas, driveways, sidewalks and other paved or impervious surfaces.

[Amended 12-2-1982 by Ord. No. 82-13; 4-3-2014 by Ord. No. 2014-08]

C. Yards. Front, side and rear yards shall be provided on each lot as follows, subject to § 166-36D:

(1) Front yard. There shall be a front yard on each street on which a lot abuts which shall be not less than 25 feet in depth.

(2) Side yards. For each use, building or group of attached buildings on a lot, there shall be two side yards, neither less than 10 feet in width, subject to the following:

(a) Where a lot used for business purposes abuts a residence or a residential district boundary line, a side yard of not less than 15 feet shall be provided on the side of the lot which abuts the residence or residential district boundary line.

(b) Where there is more than one building on a lot, the distance between any two separate buildings shall be not less than 20 feet.

(c) A side yard is not required for a commercial building which is attached to a commercial building on an adjoining lot, provided that the building with which it has a common wall is existing or is erected at the same time.

(3) Rear yard. There shall be a rear yard on each lot which shall be not less than 20 feet in depth, except that none shall be provided on corner lots where two front yards and two side yards are provided.

§ 166-21 Height regulations.

No building shall exceed 50 feet in height.