[Amended 8-20-1979 by Ord. No. 14-79; 4-20-1987 by Ord. No.
9-87; 5-16-1988 by Ord. No. 6-88]
The purpose of the Historic Business Zone is
to provide for a mix of residential uses and retail sales and service
uses while recognizing, preserving and enhancing the unique and historic
character of this area. Due to the density of the existing development
and limited parking and access, the permitted retail sales and service
uses are those required to meet the needs of the residents of the
Borough and immediate area and not those attracting and generating
large volumes of traffic.
Within the Historic Business Zone, no building
or land may be used in whole or in part for any use other than the
following specified uses:
A.
Any use permitted within any residential zone.
C.
Accessory uses and structures customarily incidental to permitted uses, including required off-street parking and solar panel systems subject to the standards set forth in § 215-31.1. The storage of all goods and materials shall be in the rear of any structure and shall be screened from view by a solid fence or wall enclosure. Outdoor dining and outdoor seating are subject to §§ 215-75 through 215-88.
[Amended 11-18-2013 by Ord. No. 11-13; 11-10-2021 by Ord. No. 13-2021]
[Amended 11-5-1990 by Ord. No. 18-90; 8-7-1995 by Ord. No. 18-95; 2-18-1997 by Ord. No. 1-97]
A.
Historic buildings shall be those buildings designated
as contributing buildings in the Mendham Historic District as listed
on the National Register of Historic Districts and as shown on the
Borough's Historic District Map, dated 1983, prepared by J.W. Poster.
B.
The maximum number of business entities per historic
building as defined above shall be two. No business entity shall occupy
any floor area above the second story of an historic building. However,
occupancy of a third-story floor area for residential apartment use
may be permitted in an historic building subject to site plan review
by the Planning Board. Residential apartment use shall not constitute
a business entity for purposes of administering this section. The
term "apartment," as used throughout this section, shall not include
rooming houses or boardinghouses, as defined and regulated by the
State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.),
the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.) and
administrative regulations adopted pursuant thereto.
C.
Historic buildings which have been or will be renovated
or restored in a manner that, in the judgment of the Planning Board,
retains or enhances their period architecture and their contribution
to the district may be considered worthy of special treatment and
relaxation of certain ordinance restrictions by the Planning Board
at the time of site plan review as follows:
(1)
Parking requirements as set forth in § 195-45 may be reduced or waived where necessary, except for eating establishments within historic buildings.
(2)
The requirements of § 215-27, relating to impact on adjoining residential zones, may be modified or waived by the Planning Board as it deems appropriate.
(3)
The maximum number of business entities may be increased in accordance with Subsection D of this section.
(4)
Apartments on the third floor may be allowed.
D.
In considering a relaxation of the ordinance restriction
limiting occupancy of an historic building to not more than two business
entities, the Planning Board shall apply the following methodology:
(1)
Computation of building floor area to determine the
number of possible business entities shall be based on:
(a)
The floor area of the first and second floors
only.
(b)
The floor area of accessory buildings on the
same lot as the historic building, provided that they have previously
been used and occupied for a permitted use other than storage.
(c)
Exclusion of basement, cellar and other floor
area which is partially or wholly below grade.
(2)
Buildings shall have a maximum number of business
entities calculated so that the minimum average floor area shall not
be less than 700 square feet per business entity.
(3)
No single business entity permitted under this section
shall have a total floor area of less than 250 square feet.
E.
Implementation of the relaxed standard provided in Subsection C above shall be subject to review and approval by the Planning Board where site plan review is required by § 195-33 or 195-34 of this Code. In cases where site plan review is not required, the Construction Official or Zoning officer, as the case may be, shall refer any application for renovation or restoration requesting such relaxation to the Planning Board for its review and recommendation prior to issuing a permit or ruling.
For new construction and properties that do
not qualify as historic structures, the following development standards
shall be applicable to all permitted uses and development in the Historic
Business Zone:
C.
A thirty-foot buffer where the Historic Business Zone
abuts any residential zone.
D.
No more than two separate uses or business enterprises
shall be conducted in any building or on any lot. Where there is more
than one use or business enterprise in any building, the following
requirements shall be met:
(1)
There shall be a minimum floor area of 700 square
feet per use or business enterprise.
(2)
Each use or business enterprise shall have its own
separate entrance/exit.
(3)
The number of off-street parking spaces to be provided shall equal the number required by § 195-45, Off-street parking requirements, plus 20% of the total.
(4)
The number of uses or business enterprises for purposes
of this subsection shall be determined by reference to all aspects
of the business activity or activities. If any business activities
would otherwise constitute two or more uses for the purposes of this
subsection, the presence of any factor such as leasing arrangements,
familial relationships or sharing of facilities shall not reconstitute
such multiple uses as a single use.
[Added 8-7-1995 by Ord. No. 18-95]
E.
To preserve and protect the visual integrity, character
and period architectural style of the Historic Business Zone, the
following design guidelines shall be adhered to in the construction,
reconstruction and renovation of nonhistoric buildings and structures
within this zone:
[Added 2-18-1997 by Ord. No. 1-97]
(1)
All development shall be consistent and harmonize
with the planning criteria and principles for historic buildings,
as applicable and as adopted, in the Historic Preservation Plan Element
of the Borough Master Plan.
(2)
Proposed buildings and structures shall harmonize and relate in scale, building mass, height and design details to surrounding buildings and structures. Incongruous or discordant buildings and structures are prohibited pursuant to § 215-9E of this chapter.
(3)
Gable roofs shall be used to the maximum extent practical.
A minimum pitch of 9/12 is recommended. Where hipped roofs are constructed,
the minimum recommended pitch is 6/12. For both gabled and hipped
roof there shall be overhanging eaves on all sides which extend not
less than one foot beyond the building wall. Flat roofs and mansard
roofs are generally discouraged. Flat roofs on one-story buildings
are prohibited when the roofed portion of the building or structure
faces or is visible from a public street.
(4)
Fenestration shall be architecturally compatible with
the Historic Business Zone, with surrounding buildings and with the
style, materials and other design details of the proposed building
or structure. The use of small pane windows appropriately trimmed
with frames, sills and lintels is required unless specifically waived
by the Planning Board or Board of Adjustment, as the case may be,
at the time of site plan review. All windows shall be framed by the
surrounding wall and shall not exceed 75% of the total ground level
building facade area.
(5)
All building entrances which are intended for public
use or which are visible from a public street shall be appropriately
framed and detailed with architectural elements consistent with the
architectural style, window and facade treatments of the building.
