Township of West Windsor, NJ Article XXVIII Regulations for Business Districts [1]

[1] Editor's Note: Timed growth controls adopted by Ord. No. 94-01, and formerly included in Art. XXVIII, were declared invalid by the Superior Court of New Jersey in an order dated 12-4-1997, in the matter of Toll Brothers v. West Windsor Township et al., Superior Court Docket No. MER-L-2365-97. The order was affirmed by the Appellate Division (Docket No. A-2550-97TS) on 6-2-1998. On 11-18-1998, the New Jersey Superior Court denied the Township's petition for certification. Ord. No. 2008-32, adopted 10-27-2008, redesignated former Arts. XXIX through XXXIX as Arts. XXVII through XXXVII, respectively.

§ 200-198 General.

The regulations applicable to the business districts are as designated in the following sections.

§ 200-199 B-1 Business District (limited convenience center) use regulations.

A. Permitted uses. In a B-1 District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses, and all such uses shall be subject to the performance standards set forth in Part 1, Site Plan Review, of this chapter:

[Amended 11-27-1989 by Ord. No. 89-53]

(1) A limited convenience center planned development served by public water and subject to the following standards and conforming to the requirements for planned developments stipulated in Article XXXI of this Part 4:

(a) Uses.

[1] Small-scale stores and shops for the conduct of retail business and personal services catering primarily to and directly benefiting the residents and employees of the surrounding neighborhood, excluding drive-in establishments and outdoor storage facilities.

[2] Professional offices, provided that their gross floor area does not exceed 20% of the total gross floor area to be developed on a tract.

[3] Restaurant and tavern, excluding drive-in or curb service establishments; beverage sales.

(b) Site/building design.

[1] The site design shall provide for a unified layout of permitted uses served by common on-site parking and stormwater control facilities, together with a single driveway access point.

[2] There shall be a unified architectural facade treatment and theme for the uses contained within the convenience center, with an integrated lighting, landscaping and graphic business sign program designed to enhance the small-scale character of the center.

(2) Accessory uses and accessory buildings incidental to the above uses located on the same lot and within the same zoning district permitting the principal use.

(3) All farm and agricultural uses permitted in residential districts in accordance with the various provisions set forth in Article XXXI of this Part 4.

B. Conditional uses - B-1 District. In the B-1 District, the following uses may be permitted as conditional uses:

[Amended 11-27-1989 by Ord. No. 89-53]

(1) Billboards, in accordance with the requirements of § 200-32E.

[Added 12-15-1997 by Ord. No. 97-27.

§ 200-200 B-1 District bulk and area regulations.

[Amended 12-15-1986 by Ord. No. 86-35; 11-27-1989 by Ord. No. 89-53]

The following shall be the standards for the B-1 District:

A. Minimum lot area: five acres.

B. Minimum lot frontage: 500 feet.

C. Minimum lot width: 350 feet.

D. Minimum yards.

(1) Front yard: 50 feet, with a thirty-foot landscape area at the street right-of-way.

(2) Rear yard: 40 feet.

(3) Side yards: There shall be two side yards with a minimum of 40 feet each.

(4) Yards abutting residential districts. Except for the front yard, the above yards, including the landscape transition buffer and screen requirements, shall be increased by 60 feet in those instances where they abut, whole or in part, a residential district or lot line.

E. Additional site design standards.

(1) The minimum distance between any building, including accessory uses except parking, and any residence district shall be 175 feet.

(2) The minimum distance between any access driveway and any residence district shall be 100 feet.

(3) Landscape buffer design criteria for designing yard area buffers abutting any residence district shall adhere to § 200-91R of Part 3, Subdivision and Site Plan Procedures, of this chapter.

F. Maximum FAR. The maximum permitted FAR shall be 0.16, but in no event shall the maximum floor area exceed 40,000 square feet.

G. Maximum improvement coverage: 50%.

H. Maximum building height: 2 1/2 stories or 35 feet.

§ 200-201 B-2 Business District (neighborhood center) use regulations.

[Amended 12-15-1986 by Ord. No. 86-35; 11-27-1989 by Ord. No. 89-53]

A. Permitted uses. In a B-2 District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses, and all such uses shall be subject to the performance standards set forth in Part 1, Site Plan Review, of this chapter:

(1) Stores and shops for the conduct of any retail business (including curbside pickup and outdoor display areas and for the sale of items not otherwise specifically prohibited in this section).

[Amended 7-27-2020 by Ord. No. 2020-17]

(2) Personal service establishments (e.g., a tailor, barbershop or beauty salon.)

(3) Offices for professional services (e.g., physicians, lawyers or architects); commercial offices (e.g., realtors or travel agencies); and offices incidental to uses permitted in this subsection.

(4) Restaurants and neighborhood taverns, including curbside pickup and drive-through establishments.

[Amended 7-27-2020 by Ord. No. 2020-17]

(5) Repair and servicing, indoor only, of any article for sale which is permitted in this district.

(6) Attended laundry and retail dry-cleaning services, not including bulk processing on or from other premises.

(7) Copy centers and newspaper offices.

(8) Hotels.

[Added 7-27-2020 by Ord. No. 2020-17[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection A(8) through (11) as Subsection A(17) through (20), respectively.

(9) Fast-food operations with or without drive-throughs.

[Added 7-27-2020 by Ord. No. 2020-17]

(10) Commercial recreation facilities.

[Added 7-27-2020 by Ord. No. 2020-17]

(11) Cultural facilities.

[Added 7-27-2020 by Ord. No. 2020-17]

(12) Branch banks with or without drive-throughs.

[Added 7-27-2020 by Ord. No. 2020-17]

(13) Convenience stores in conjunction with a gasoline service station

[Added 7-27-2020 by Ord. No. 2020-17]

(14) Senior day-care facilities.

[Added 7-27-2020 by Ord. No. 2020-17]

(15) Urgent care and surgicenter facilities.

[Added 7-27-2020 by Ord. No. 2020-17]

(16) Fitness and wellness centers.

[Added 7-27-2020 by Ord. No. 2020-17]

(17) Planned commercial development, notwithstanding any other requirements of this chapter, except as changed herein, shall also be subject to the following special requirements:

(a) Tract area limitations: No grouping of permitted uses shall be placed on a tract area less than three acres.

[Amended 7-15-1985 by Ord. No. 85-13; amended 7-27-2020 by Ord. No. 2020-17]

(b) Mix of uses: At a minimum, three of the permitted and/or conditional uses as outlined herein shall be provided.

[Amended 7-27-2020 by Ord. No. 2020-17]

(c) Minimum lot frontage: 250 feet.

(d) Maximum FAR: The maximum permitted FAR shall be allowed to vary according to the following schedule:

[Amended 7-27-2020 by Ord. No. 2020-17]

Uses in	Maximum FAR
One-story buildings	0.20
Multistory buildings	0.25
Multistory hotels	0.35

(e) Maximum improvement coverage: 60%.

(f) Building arrangement, lot width, frontage, depth and yards. Buildings, lot, yard sizes and dimensions may be freely disposed and arranged on a lot, provided that the development conforms with a site plan approved by the Planning Board, subject to the provisions of Part 1, Site Plan Review, of this chapter, and the following minimum standards:

[1] Minimum lot width: 250 feet.

[2] The minimum distance between any building, including accessory uses, except parking, and any residence district shall be 100 feet.

[3] Minimum yard setbacks: Front yard, 50 feet; side and rear yards, 15 feet, except in those instances where they abut, whole or in part, a residence district or lot line, then such yards shall be increased by 35 feet.

[Amended 7-27-1987 by Ord. No. 87-20]

[4] The minimum distance between any building, including accessory uses, except parking, and any street line shall be 50 feet.

[5] [2]Minimum distance between any access driveway and any residence district: 50 feet.

[2] Editor's Note: Former Subsection A(17)(f)[5], regarding minimum distances, was repealed 7-27-2020 by Ord. No. 2020-17.

(g) Common open space. The organization, administration and financial arrangements and guarantees governing the common open space or other common facilities which may be a part of a planned commercial development shall be subject to the requirements as set forth for planned residential development in Article XXVII of this Part 4.

(h) Maximum building height: 2 1/2 stories or 35 feet, whichever is higher, except for hotels as established herein and for properties adjacent to Route 1, which may have a building height up to three stories but not to exceed 45 feet.

[Added 7-27-2020 by Ord. No. 2020-17]

(i) Back-up generators. Permanent back-up generators shall be provided for any gas station/convenience store. Generators shall be tied into natural gas if natural gas is available. Should natural gas not be available to the site, propane generators shall be required

[Added 7-27-2020 by Ord. No. 2020-17]

(j) Hotels.

[Added 7-27-2020 by Ord. No. 2020-17]

[1] Maximum building height: four stories but not more than 55 feet.

[2] Minimum side or rear yard setback: 40 feet or 75 feet if adjoining to a residence district.

[3] A minimum of at least 20 units of accommodation, exclusive of any permanent on-site superintendent's living quarters.

[4] Each unit of accommodation shall contain a minimum floor area of 250 feet.

(k) Fast-food operations and banks with drive-throughs and curbside pickup:

[Added 7-27-2020 by Ord. No. 2020-17]

[1] Minimum distance between any drive-through lane and any property line: 30 feet, or 50 feet if the property line separates a residential district.

[2] For banks, no more than three drive-through teller windows shall be provided, not including an ATM drive-up lane.

[3] Access to and from drive-through facilities shall not be permitted onto public streets. Such access shall be provided from the internal road system servicing the planned commercial development. Ingress and egress points shall be coordinated so as not to impede the main traffic flow required for the overall planned development.

(l) Individual lot requirements for planned commercial developments There shall be no maximum FAR or limitation on maximum improvement coverage for individual lots within a planned commercial development provided that the shopping center conforms to a site plan approved by the board of jurisdiction. Lot widths, frontages, rear yards, side yards, front yards, lot dimensions, parking lot locations and building distances may be freely arranged and disposed of. A lot need not front on a street and there are no minimum building distances for individual lots in the same building. The intent of this provision is to permit individual stores to exist as separate lots. However, each individual lot shall be subject to and may only be improved in accordance with the final subdivision approval for the shopping center in accordance with these district regulations The board of jurisdiction shall condition final subdivision approval upon submission by the applicant and approval by the board attorney of a declaration of covenants and restrictions or other suitable instrument setting forth the mechanisms by which and providing adequate assurances that security, outside cleaning and other routine external maintenance, external repainting, maintenance of the common open space, garbage collection, snow removal and other appropriate items will be provided for the shopping center. The board of jurisdiction shall not impose any conditions on the preliminary and/or final subdivision approval other than those set forth in the immediately preceding sentence This section only applies to shopping centers in existence as of the date of adoption of this subsection.

[Added 7-27-2020 by Ord. No. 2020-17]

(18) Building structures and uses owned or operated by the Township of West Windsor.

(19) All farm and agricultural uses permitted in residential districts in accordance with the provisions set forth in Article XXXI of this Part 4.

(20) Accessory uses and accessory buildings incidental to the above uses located on the same lot and within the same zoning district permitting the principal use.

B. Conditional uses in B-2 District. In a B-2 District, the following uses may be permitted as conditional uses:

[Amended 11-10-1986 by Ord. No. 86-32; 7-27-1987 by Ord. No. 87-20; 4-26-1993 by Ord. No. 93-11; 10-15-1996 by Ord. No. 96-25; 12-15-1997 by Ord. No. 97-27; 5-1-2000 by Ord. No. 2000-07; 7-27-2020 by Ord. No. 2020-17]

(1) Public utilities, substations, electric and gas facilities, subject to the following special requirements:

(a) No storage of materials and trucks and no repair facilities or staging of repair crews, except within completely enclosed buildings.

(b) The exterior of any structure shall be in keeping with the other structures in the immediate neighborhood.

(2) Motion-picture theaters and/or theaters for the performing arts, provided that they are located in enclosed buildings and are part of a planned commercial development which has access from U.S Route 1.

(3) Billboards, in accordance with the requirements of § 200-243.1.

(4) Veterinary clinics, which may or may not be part of a planned commercial development, subject to meeting the following special requirements:

(a) The veterinary clinic building shall be sited at least 150 feet from any residential use or zoning district.

(b) Buildings housing animals shall be soundproofed to a maximum transmission of 65 dB measured on the outside of the exterior wall. Other soundproofing requirements may be imposed by the board of jurisdiction, such as, but not limited to, the following: nonopening windows and forced- air ventilation, solid core doors and sound-absorbent ceilings.

(c) Proper and ample ventilation of all animal areas in buildings shall be demonstrated to the satisfaction of the board of jurisdiction and shall meet all state licensing requirements.

(d) Animals may be kept overnight for medical reasons only.

(e) Animals shall be housed indoors and may be allowed outside only for short periods under staff supervision for hygienic or medical reasons. When they are outside, they shall be kept in a completely enclosed area.

(f) A maximum percentage of floor area for overnight holding of animals shall be limited to 30% of the gross floor area of the veterinary clinic/hospital building.

(g) No cremation or disposal of dead animals is allowed on the premises. Disposal of used and contaminated veterinary medical supplies shall meet low-level hazardous waste disposal requirements.

(h) The curbing of pets shall be addressed.

§ 200-202 B-2 District bulk and area restrictions.

[Amended 12-15-1986 by Ord. No. 86-35; 11-27-1989 by Ord. No. 89-53]

The following shall be the standards for the B-2 District:

A. Minimum lot area: one acre.

B. Minimum lot frontage: 125 feet.

C. Minimum lot width: 150 feet.

D. Minimum lot depth: 200 feet.

E. Minimum yards:

(1) Front yard: 30 feet.

(2) Rear yard: 15 feet.

(3) Side yards: There shall be two side yards with a minimum of 15 feet each.

(4) Yards abutting residential districts: Except for the front yard, the above yards shall be increased by 60 feet in those instances where they abut, whole or part, a residential district or lot line.

[Amended 7-27-1987 by Ord. No. 87-20]

F. Maximum FAR. The maximum permitted FAR shall be allowed to vary according to the following schedule:

[Amended 7-27-2020 by Ord. No. 2020-17]

Uses in	Maximum FAR
One-story buildings	0.18
Multistory buildings	0.20
Multistory hotels	0.35

G. Maximum improvement coverage: 55%.

H. Maximum building height: 2 1/2 stories or 35 feet.

I. Hotels.

[Added 7-27-2020 by Ord. No. 2020-17]

(1) Maximum building height: Irrespective of § 200-202H, the maximum height of a hotel shall be four stories but not more than 55 feet.

(2) Minimum side or rear yard setback: Irrespective of § 200-202E(2), 40 feet or 75 feet if adjoining to a residence district.

(3) A minimum of at least 20 units of accommodation exclusive of any permanent, on-site superintendent's living quarters.

(4) Each unit of accommodation shall contain a minimum floor area of 250 feet.

J. Fast-food operations and banks with drive-throughs:

[Added 7-27-2020 by Ord. No. 2020-17]

(1) Minimum distance between any drive-through lane and any adjoining property line: 30 feet, or 50 feet if adjoining to a residence district.

(2) For banks, no more than three drive-in teller windows shall be provided.

(3) Access to and from drive-through facilities shall not be permitted onto public streets. Such access shall be provided from the internal road system servicing the development. Ingress and egress points shall be coordinated so as not to impede the main traffic flow required for the development.

§ 200-202.1 B-2A Business District (neighborhood center) use regulations.

[Added 7-12-2021 by Ord. No. 2021-12]

A. Permitted uses. In a B-2A District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used except for one or more of the following uses, and all such uses shall be subject to the performance standards set forth in Part 1, Site Plan Review, of this chapter.

(1) Stores and shops for the conduct of any retail business (including curbside pickup for the sale of items not otherwise prohibited in this section).

(2) Personal service establishments (e.g., a tailor, barbershop or beauty salon).

(3) Offices for professional and medical services (e.g., physicians, lawyers or architects); commercial offices (e.g., realtors or travel agencies); and offices incidental to uses permitted in this subsection.

(4) Restaurants and neighborhood taverns, including curbside pickup and drive-through establishments.

(5) Fast-food operations with or without drive-throughs.

(6) Branch banks with or without drive-throughs.

(7) Gasoline service stations in conjunction with a convenience store.

B. Conditional uses in the B-2A District. In a B-2A District, the following uses may be permitted as conditional uses:

(1) None.

C. Accessory uses in the B-2A District. In a B-2A District, the following uses may be permitted as accessory uses:

(1) Off-street parking and loading.

(2) Signs.

(3) Street furnishings, planters, streetlights, and exterior garden-type shade structures.

(4) Fences and walls.

(5) Trash, recycling, and refuse enclosures.

(6) Maintenance sheds.

(7) Electric vehicle charging stations.

(8) The sale and exchange of prefilled and empty propane cylinders, as accessory to a gasoline service station.

(9) Car washes, as accessory to a gasoline service station.

(10) Air pumps and vacuums, as accessory to a gasoline service station.

(11) Emergency generators, with an appropriate visual and sound-attenuating enclosure.

§ 200-202.2 B-2A Business District bulk and area restrictions.

[Added 7-12-2021 by Ord. No. 2021-12]

The following shall be the standards of the B-2A District:

A. Minimum lot area: one acre.

B. Minimum lot frontage: 125 feet.

C. Minimum yards for principal buildings and structures, including canopies for gasoline service stations:

(1) Front yard: 40 feet.

(2) Rear yard: 20 feet.

(3) Side yard: 15 feet.

(4) Yards abutting residential districts: The above yards shall be increased by 50 feet in those instances where they abut, whole or in part, a residential district or lot line.

D. Standards for accessory buildings and structures:

(1) All accessory uses and elements shall complement the architectural design style, type, color, and/or materials of the building(s) and the overall project design.

(2) Accessory buildings and structures shall be required to meet the front yard requirement for principal buildings and structures as required herein, unless otherwise noted.

(3) Accessory structures shall be permitted to have a side or rear yard setback of two feet to adjoining properties located in the same zoning district.

(4) Accessory structures shall be required to meet the side and rear yard setback requirements identified in Subsection C above if abutting a property zoned or utilized for residential purposes.

(5) Electric vehicle charging stations, transformers, and other similar utility structures are exempt from the front yard setback requirement.

(6) Backup generators. Permanent backup generators shall be provided for any gas station/convenience store. Generators shall be tied into natural gas if natural gas is available. Should natural gas not be available to the site, propane generators shall be required.

(7) Generators shall be required to meet the front yard setback, unless otherwise appropriately landscaped as determined by the Planning Board.

E. Maximum FAR. The maximum permitted FAR shall be allowed to vary according to the following schedule.

Uses in	Maximum FAR
One-story buildings	0.18
Multistory buildings	0.20

F. Maximum improvement coverage: 70%, which may be comprised of a maximum of 55% of impervious surfaces as well as an additional 15% of pervious surfaces.

G. Maximum building height: 2 1/2 stories or 35 feet.

H. Restaurants and banks with drive-throughs.

(1) Minimum distance between any drive-through lane and any adjoining property line: 12 feet, or 50 feet if adjoining to a residential district.

(2) For banks, no more than three drive-in teller windows shall be provided.

(3) Any drive-through or drive-up window shall have a minimum queuing length of 180 feet from the center of the first service area or window.

(4) Access to and from drive-through facilities shall not be permitted onto public streets. Such access shall be provided from the internal road system servicing the development. Ingress and egress points shall be coordinated so as not to impede the main traffic flow required for the development.

I. Design standards.

(1) The B-2A District shall have a consistent architectural theme and traditional village scale matching or compatible with nearby retail buildings to the greatest extent practicable.

(2) Buildings shall be topped with pitched roofs with overhanging eaves or with flat roofs with articulated parapets and cornices on all sides. Materials on pitched roofs shall be slate (either natural or man-made), shingle (either wood or asphalt composition), or metal formed to resemble standing seams. Roof color shall be traditional and compatible with retail and residential buildings in the area. Solar PV shingles and panels that are of a compatible or complementary appearance are encouraged. Fascias, dormers, and gables are encouraged to provide visual interest and pedestrian scale.

(3) Exterior wall materials shall be compatible with newer retail and residential buildings in the immediate area. Brick with limited use of stucco, clapboard, stone or decorative split face block are encouraged. Walls that are mostly limited or void of windows due to interior function shall be designed with a visually interesting pattern, mix of materials, or other treatment to present a finish or appearance that is aesthetically pleasing and complementary to the front facade.

(4) Areas of high pedestrian activity shall be differentiated from parking areas utilizing special ground texture treatments which may include brick, stone, cobblestones, patterned concrete or pavers, and other suitable material.

§ 200-203 B-3 Business District (Retail Node) use, bulk and area regulations.

[Added 11-13-1995 by Ord. No. 95-49; amended 2-5-1996 by Ord. No. 96-01]

In the B-3 District, no building or premises shall be used and no building shall be erected or altered when it is arranged, intended or designed to be used except as part of a planned commercial development meeting the following standards:

A. Tract area. The planned commercial development shall be coterminous with the boundaries of the B-3 District.

B. Uses permitted in the planned commercial development.

(1) Retail goods and/or services, including specialty shops and boutiques.

(2) Restaurants and lounges, including, but not limited to, fast-food establishments and cafeterias, but excluding drive-thru and curb service establishments.

(3) Banks.

(4) Hotels.

(5) Dinner theaters, movie theaters, theaters for the performing arts and other cultural facilities.

(6) Indoor health clubs and squash and racquetball facilities.

(7) Farmers' markets.

(8) Entertainment and outdoor recreation facilities, but excluding video or pinball arcades.

(9) Public uses, including, but not limited to, museums (which may be private not-for-profit organizations), public historical displays, municipal libraries and any facilities owned or operated by the Township of West Windsor. The floor area and improvement coverage of any such public uses owned or operated by West Windsor Township or any other quasi-public or public entity such as, but not limited to, a fire company, rescue squad or library commission shall not be included in FAR and improvement coverage calculations.

(10) Professional and business offices.

(11) Accessory uses and accessory buildings incidental to any of the permitted principal uses.

C. Maximum FAR: 16% for the district as a whole. [Note: The B-3 District previously established a FAR of 10%, with a bonus FAR of up to 15% for the provision of low- and moderate-income housing. The Nassau Park and Nassau Pavilion Center was granted this bonus by the Planning Board on October 22, 2003 (PB 02-12), by providing low- and moderate-income housing through a regional contribution agreement (RCA), among other ways. The Board approved a subsequent FAR increase to 15.62% on the basis of the Center's purchase of recreational preservation development credits. The Zoning Board of Adjustment later granted variance relief for a FAR of 15.78% for the construction of an addition to the Wegman's Food Markets (ZB 13-06). As of the date of the adoption of this ordinance,[1] the FAR is 15.73%.]

[Amended 4-25-2022 by Ord. No. 2022-03]

[1] Editor's Note: This refers to Ord. No. 2022-03, adopted 4-25-2022, which amended this subsection.

D. Maximum improvement coverage: 50% for the district as a whole.

E. Maximum building height: 2 1/2 stories and no more than 50 feet.

F. [2]Planned retail development design and bulk requirements.

(1) District requirements.

(a) Minimum setback from state highways: 125 feet.

(b) Minimum setback from public streets: 75 feet.

(c) Minimum setback from private streets: 35 feet.

(d) Minimum setback from district boundary lines which are not within or adjacent to rights-of-way or easement areas for public or private streets: 50 feet.

(e) Minimum distance between the retail center pervious and impervious surfaces and on- and off-site dwelling units: 175 feet.

[Amended 9-15-2008 by Ord. No. 2008-21]

(2) Individual lot requirements. There shall be no maximum FAR or limitation on maximum improvement coverage for individual lots, provided that the planned commercial development conforms to a site plan approved by the board of jurisdiction, lot widths, frontages, rear yards, side yards, front yards, lot dimensions, parking lot locations and building distances may be freely arranged and disposed of. A lot need not front on a street, and there are no minimum distances between individual buildings. The intent of this provision is to permit individual stores to exist as separate lots. However, each individual lot shall be subject to and may only be improved in accordance with the final site plan approval for the planned commercial development in accordance with these district regulations. Final subdivision approval may be granted only as part of or subsequent to final site plan approval for the planned commercial development. The board of jurisdiction shall condition final subdivision approval upon submission by the applicant and approval by the board attorney of a declaration of covenants and restrictions or other suitable instrument setting forth the mechanisms by which and providing adequate assurances that security, outside cleaning and other routine external maintenance, external repainting, maintenance of the common open space, garbage collection, snow removal and other appropriate items will be provided for the planned commercial development.

(3) Planning principles. The planned commercial development shall be designed to create a cohesive environment integrating the developed and undeveloped portions of the district, with a strong visual identity, physically linked by pedestrian connections, plazas or other amenities, and related by a single design theme. Accordingly, the design shall be guided by the following objectives:

(a) The architectural style of the planned commercial development shall be designed to avoid a big-box commercial center appearance through facade ornamentation, building offsets and entry treatments and upgraded building material and colors.

(b) Buildings shall be sited to form a progression of pedestrian oriented open spaces with visual as well as pedestrian connections between such spaces.

(c) Open air or enclosed pedestrian spaces shall act as connectors of buildings and shall contain such amenities as changes in level, benches, water features, opportunities for entertainment and seating areas to provide a sense of place and orientation for its users. There shall be a pedestrian corridor connecting the retail facilities in the portion of the district which is not developed with the portion of the district which already contains retail facilities. Such corridor shall include the amenities set forth in this subsection.

(d) One or more entertainment or outdoor facilities constituting a design focus of the planned commercial development and acceptable to the board of jurisdiction shall be provided.

(e) At least 18% of the district acreage shall be devoted to pedestrian spaces, including but not limited to sidewalks in front of stores, and associated landscaping and water features, including but not limited to fountains, plazas, any lawn or landscaped areas, parking islands and the like (but not preserved open space) and entertainment and outdoor recreation amenities.

(f) At least 30% of the district shall be devoted to preserved open space, which may include walking trails, except that such trails shall not intrude upon or otherwise be proximate to the Port Mercer area and to the bermed areas and detention basins.

(g) Canal Pointe Boulevard shall not be extended to or through any portion of the B-3 District in order to prevent disturbance to the integrity of the greenbelt and preserved open space, detention facilities, internal circulation, parking and pedestrian flows and unified site and building arrangements.

(h) Access for service and deliveries shall not obstruct overall site traffic patterns. All service areas shall be isolated from main public circulation drives and screened from public view.

(4) Open space. All portions of the planned commercial development not allocated to buildings or improvements shall be allocated to deed-restricted passive recreational space, greenbelt space or other open space.

(5) Any one store and/or building may contain any number and combination of the uses permitted.[3]

[3] Editor's Note: Original Subsections 22-6.5 and 22-6.6 pertaining to regulations in the B-3 Business District (Mixed use Commercial Center) were repealed in their entirety by Ord. No. 91-01, adopted 2-11-1991.

[2] Editor's Note: Former Subsection F, regarding increased FAR and maximum improvement coverage for provision of low- and moderate-income housing, was repealed 4-25-2022 by Ord. No. 2022-03. This ordinance also provided for the redesignation of former Subsection G as Subsection F.

§ 200-203.1 B-4 Planned Retail Village Center District use regulations.

[Added 3-3-2003 by Ord. No. 2003-01; amended 6-28-2004 by Ord. No. 2004-18]

A. Purposes. The purposes of the Planned Retail Village Center (B-4) District are to encourage lot assemblage, sensitive environmental area preservation and a comprehensive design for a village-scale center of individual neighborhood convenience retail uses, including restaurants providing fine dining with outdoor seating.

B. Permitted uses. In a B-4 District, no building or premises shall be used and building altered which is arranged, intended or designed to be used, except for the following uses, and all such uses shall be subject to the performance standards set forth in Part 1, Site Plan Review, of this chapter.

(1) Planned retail village center, served by public sewer and water and subject to the requirements for planned developments stipulated in Article XXXI of Part 4, which may include the following uses:

(a) Stores and shops for the conduct of any retail business.

(b) Personal service establishments (e.g., tailor, barbershop or beauty salon).

(c) Offices for professional services.

(d) Branch banks and money access machines subject to § 200-203.2F(4) below.

(e) Restaurants, for which outdoor seating may be provided, subject to the following:

[1] Tandem parking may be provided. All tandem parking spaces shall comply with the standards set forth in § 200-29M(9);

[2] A porte-cochere consistent with the architectural treatment of the other buildings in the planned development shall be provided; and

[3] The only signage permitted shall be one wall sign no greater than 15 square feet. Freestanding signs are prohibited.

[4] Cross-easements with uses using only daytime parking shall be provided to the extent feasible.

[5] Off site catering shall be permitted.

[6] The sale and consumption of liquor on the premises shall be permitted, but the bar shall have no more seats than the minimum required by the Alcoholic Beverage Commission.

[7] The following shall not be permitted:

[a] Ordered take out.

[b] Drive-throughs.

[c] Fast-food operations.

§ 200-203.2 B-4 Planned Retail Village Center District bulk and area regulations.

[Added 3-3-2003 by Ord. No. 2003-01]

The following shall be the standards for the B-4 District:

A. Minimum tract area: five acres.

B. Minimum yard and setbacks:

(1) The parking setback from CR 571 shall be 50 feet and from Southfield Road shall be 25 feet. The building setback from CR 571 shall be 100 feet and from Southfield Road shall be 60 feet.

(2) Rear and side yards: 25 feet to tract boundaries.

(3) Yards abutting residential districts: The above yards and setbacks shall be increased by 75 feet in those instances where they abut, wholly or in part, a residential district, except that, where the above yards abut residentially zoned municipally owned property, the minimum setback shall be 25 feet.

C. Maximum FAR: .07, except that it may be increased to 0.10 pursuant to § 200-203.2F(5).

D. Maximum improvement coverage: 30%, except that it may be increased to 40% pursuant to § 200-203.2F(5).

E. Maximum building height: 2 1/2 stories, but not to exceed 40 feet.

F. Additional standards for a planned retail village center.

(1) The planned retail village center shall be designed as a single complex according to a master site development plan. All properties within the B-4 Zone shall be planned as if they were under unitary control to assure coordination of vehicular and pedestrian linkage, potential common stormwater management facilities and architecture and site development features. The part of the overall plan covering properties not the subject of a development application may be conceptual.

(2) Individual stores shall not exceed 11,000 square feet of floor area. For sites of 13 acres or greater, one anchor-type retail store, professional office or day-care facility can be up to 20,000 square feet of floor area, provided the building facade conveys an exterior appearance of being two or more smaller-scale stores or utilizes projecting or recessed sections, breaks in the facade and roofline or other architectural design techniques acceptable to the Planning Board.

(3) All buildings shall be designed to convey a small-scale village character. Buildings included in the planned retail village center shall contain the following design elements:

(a) The center shall have a consistent architectural theme and traditional village scale.

(b) Buildings shall be topped with pitched roofs with overhanging eaves or with flat roofs with articulated parapets and cornices. Materials on pitched roofs shall be slate (either natural or man-made), shingle (either wood or asphalt composition), or metal formed to resemble standing seams. Roof color shall be traditional and compatible with retail and residential buildings in the area. Fascias, dormers and gables shall be used to provide visual interest and pedestrian scale.

(c) Exterior wall materials shall be predominantly brick with limited use of stucco, clapboard, stone or decorative split face block, of a shape, color and texture compatible with retail and residential buildings in the area. Painted brick, concrete block, T-111 plywood and metal buildings shall be prohibited.

(d) Service areas shall be screened and visually separated from customer parking and pedestrian walkways.

(e) Buildings shall be located as close as possible to encourage pedestrian circulation and arranged to face each other where possible.

(4) No more than four drive-through lanes may be permitted for a development site of 18 acres or more, and no more than three drive-through lanes may be permitted for a development site of up to 18 acres. In either case, drive-through lanes shall be limited to two buildings. The Planning Board may require that automatic teller machines be placed on by-pass lanes if consistent with the site circulation and good traffic management.

(5) The planned retail village shall be designed to maximize greenbelt preservation. For every acre of land in the planned Township greenbelt as shown in the conservation element of the Master Plan that is not wetlands, wetlands buffer or floodplain, that could have been but is not used for detention and that is undisturbed and permanently preserved, 2,000 square feet of floor area and pervious and impervious surfaces may be added above the maximum permitted floor area ratio and maximum improvement coverage up to a maximum of .10 FAR and 40% MIC for the entire district. The acreage used in calculating such floor area and improvement coverage bonus shall be limited to the actual acreage the applicant needed for stormwater management facilities that could have been installed in the greenbelt, but located elsewhere on the site.

[Amended 9-15-2008 by Ord. No. 2008-21]

(6) The planned retail village shall accommodate bicycle access by providing a total of either one eight-foot wide shoulder or two four-foot wide shoulders, striped for bicycle use, on all internal drives, and by installing bicycle racks at appropriate locations.

(7) A landscaped interior access boulevard shall be provided to emphasize the entrance from Southfield Road.

(8) A fifty-foot minimum landscaped buffer along CR 571 and a twenty-five-foot minimum landscaped buffer along Southfield Road shall be provided and designed in conformance with §§ 200-227 and 200-228.

(9) A decorative corner treatment using brick pavers, landscaping, site furnishings and architectural and landscape architectural features shall be provided at the intersection of Southfield Road and CR 571.

(10) An internal pathway system shall be created to provide access to public walkways along Southfield Road, directly linking the planned retail village center to the existing residential neighborhood. If off-site sidewalks are provided by the applicants for this linkage, then the applicant's obligation for installing sidewalks along CR 571 shall be limited to its site. The internal pathway shall provide clearly defined crosswalks across driveways within the planned retail village center.

(11) Exterior freestanding lighting fixtures shall not exceed the height of proposed structures and in no case shall be greater than 18 feet in height. The source of illumination shall be recessed and shielded within the fixture itself and shall be consistent in character with the design of the planned retail village center.

(12) Off-street parking areas servicing retail and other permitted uses shall be interspersed to encourage use of one parking space for trips to different uses in the center using the center's pedestrian linkages. Recognizing the potential use of drive-through facilities and the internal pedestrian pathways and dispersed parking that should encourage shared parking, an off-street parking ratio of 1 space per 300 square feet is required.

(13) The applicant shall provide a comprehensive signage plan that covers overall project identification, individual building/tenant identification, traffic regulation, pedestrian crossings, street identification and parking and directional instructions. No pylon signs shall be permitted. Freestanding signage for the center shall be a monument sign under 10 feet in height with a sign area of no more than 50 square feet. Wall signage shall be limited to 5% of the facade it is affixed to and located no higher than the sills of second story windows or 18 feet, whichever is lower. No neon window signage shall be permitted, but non-neon signs may be displayed inside windows, provided they occupy no more than 15% of the window where they are displayed. All signage must be consistent with a small-scale village character.

(14) The applicant shall provide fencing or other suitable provisions for security acceptable to the Planning Board where the zone abuts municipally owned land to the extent wetlands regulations permit.

§ 200-204 P Business District (professional office) use regulations.

A. Permitted uses. In a P District, no building or premises shall be used and no building shall be altered which is arranged, intended or designed to be used except for one or more of the following uses, and all such uses shall be subject to the performance standards set forth in Part 1, Site Plan Review, of this chapter:

(1) Offices for professional, financial and administrative activities, including sale of products customarily incidental to the uses permitted in this subsection, such as post office and utility offices.

(2) All farm and agricultural uses permitted in residence districts in accordance with the provisions set forth in Article XXXI of this Part 4.

(3) Accessory uses and accessory buildings, incidental to the above uses located on the same lot and within the same zoning district permitting the principal use.[1]

[1] Editor's Note: Former Subsection B, Conditional uses in the P District, added 10-15-1996 by Ord. No. 96-25, as amended 12-15-1997 by Ord. No. 97-27, which immediately followed this subsection, was repealed 5-1-2000 by Ord. No. 2000-07.

§ 200-205 Bulk and area regulations - P District.

The following shall be the standards for the P District:

A. Minimum lot area: 50,000 square feet.

B. Minimum lot frontage: 150 feet.

C. Minimum lot width: 200 feet.

D. Minimum lot depth: not applicable.

E. Minimum yards:

(1) Front yard: 50 feet.

(2) Rear yard: 15 feet.

(3) Side yard: There shall be two side yards with a minimum of 15 feet each.

(4) Yards abutting residential districts: Except for one front yard, the above yards shall be increased by 10 feet in those instances where they abut, wholly or in part, a residential district or lot line.

F. Maximum FAR: .18.

[Amended 6-28-2004 by Ord. No. 2004-17]

G. Maximum improvement coverage: 60%.

H. Maximum building height: 2 1/2 stories or 35 feet.

I. Applications for property abutting easements upon which the Master Plan shows proposed bikeways shall include an eight-foot-wide bikeway along any perimeter for which the Planning Board determines that a bikeway in such location is appropriate to facilitate bicycle circulation in the area.

[Added 6-28-2004 by Ord. No. 2004-17]

§ 200-206 P-1 Planned Village Center District use regulations.

[Added 4-20-1990 by Ord. No. 90-12]

A. Permitted uses. In a P-1 District, no building or premises shall be used and no building altered which is arranged, intended or designed to be used except for the following uses, and all such uses shall be subject to the performance standards set forth in Part 1, Site Plan Review, of this chapter:

(1) Planned village center, served by public water and subject to the requirements for planned developments stipulated in Article XXXI of this Part 4, which includes the following uses:

(a) Offices for professional services:

(b) Personal service establishments (e.g., tailor, barbershop or beauty salon):

(c) Restaurants, stores and shops for the conduct of any specialty retail business, excluding a drive-in or curbside establishment.

(d) Branch banks and money access machines, provided that they are part of and integrated within other principal structures of the planned development. Drive-in banking facilities shall be excluded.

(2) Veterinary clinics in existence as of January 1, 2000, and meeting the following special requirements:

[Added 5-1-2000 by Ord. No. 2000-08]

(a) Minimum lot area: 3 1/3 acres.

(b) The veterinary clinic shall be sited at least 150 feet from any residential use or zoning district.

(c) Buildings housing animals shall be soundproofed to a maximum transmission of 65 dB measured on the outside of the exterior wall. Other soundproofing requirements may be imposed by the board of jurisdiction, such as, but not limited to the following: nonopening windows and forced-air ventilation, solid core doors and sound-absorbent ceilings.

(d) Proper and ample ventilation of all animal areas in buildings shall be demonstrated to the satisfaction of the board of jurisdiction and shall meet all state licensing requirements.

(e) Animals may be kept overnight for medical reasons only.

(f) Animals shall be housed indoors and may be allowed outside only for short periods under staff supervision for hygienic or medical reasons. When they are outside, they shall be kept in a completely enclosed area.

(g) A maximum percentage of floor area for overnight holding of animals shall be limited to 30% of the gross floor area of the veterinary clinic/hospital building.

(h) A landscape buffer at least 50 feet wide within the one-hundred-fifty-foot standard set forth in Subsection A(2)(b) above, consisting of deciduous and evergreen plant material, shall be provided sufficient to screen parking and structures year round from all abutting side and rear yards. Such buffer may be waived by the board of jurisdiction where the applicant demonstrates to the board's satisfaction that natural on-site vegetation, existing topography or other existing conditions provide acceptable screening from any surrounding residential property. In such case, the board of jurisdiction shall require a conservation easement to preserve this buffer screening.

(i) Pitched roofs, residential building materials (such as brick, wood and clapboard) and other architectural elements shall be employed to make the veterinary structure compatible with residential building types.

(j) No cremation or disposal of dead animals is allowed on the premises. Disposal of used and contaminated veterinary medical supplies shall meet low-level hazardous waste disposal requirements.

B. Conditional uses. In the P-1 District, the following use may be permitted as a conditional use:

(1) Professional office conversions or redevelopment of structures existing at the time of adoption of this section, subject to the following:

(a) The conversion of an existing structure to offices for professional services shall be permitted where all parking and other requirements contained in this section are met. Retail uses shall not be permitted.

(b) Such conversions shall be limited to the existing floor area of the existing structure. Expansion or addition of an existing structure is prohibited. Any redevelopment on lots contained within the triangular land area bounded by Route 571, Southfield Road and McGetrick Lane that have a lot acreage in excess of 35,000 square feet may be permitted to increase the permitted floor area ratio to .14, provided that, at a minimum, three existing lots are consolidated into one redevelopment parcel.

(c) No parking shall be permitted between Route 571 and a principal structure.

(d) There shall be no minimum lot size on which a conversion may be permitted to occur; provided, however, that no lot existing at the time of adoption of the amendment on which the conversion is proposed shall be further reduced in size.

(e) All lots and structures shall take access from an internal road which intersects with a local street. Reservation of an access easement between abutting lots to allow for construction of a common drive shall be required. The access easement shall be included as part of total lot area for purposes of calculating the required floor area ratio or maximum improvement coverage.

§ 200-207 P-1 District bulk and area regulations.

[Added 4-20-1990 by Ord. No. 90-12]

The following shall be the standards for the P-1 District:

A. Minimum site area: 20 acres.

B. Minimum yards.

(1) Front yard: 50 feet.

(2) Rear yard: 20 feet.

(3) Side yard. There shall be two side yards with a minimum of 15 feet each.

(4) Yards abutting residential districts: Except for one front yard, the above yards shall be increased by 25 feet in those instances where they abut, wholly or in part, a residential district or lot line.

(5) Yards abutting the perimeter of a planned village center: Notwithstanding the above yard dimensions, all such perimeter yard areas shall be 50 feet. Any yard that abuts an arterial road shall also be 50 feet.

C. Maximum FAR: The maximum permitted FAR shall be 0.12.

D. Maximum improvement coverage: 50%.

E. Maximum building height: 2 1/2 stories, but not to exceed 35 feet.

F. Additional standards for a planned village center.

(1) The planned village center shall be designed as a single complex according to a comprehensive master site development plan. In addition, internal site landscaping, building design and common area maintenance guideline control standards shall be established.

(2) No more than 10% of the total floor area of the development can be devoted to retail uses including bank and restaurant facilities, and in no event can the area devoted to such uses total more than 18,000 square feet. The retail uses shall be designed primarily to service the tenants of the planned village center.

(3) Individual stores, establishments or offices shall have a minimum floor area of 800 square feet and a maximum floor area of 4,200 square feet. Within the planned village center, the average floor area for all permitted uses shall not exceed 3,000 square feet, except that one office structure within the development may exceed the maximum floor area, but in no event shall the floor area of such office exceed 12,000 square feet.

(4) The distance, at the closest point, between any two buildings shall not be less than 20 feet. In the case of two or more buildings being connected through the use of a breezeway or similar feature, the minimum distance between buildings may be reduced, but shall not be less than 10 feet.

(5) Off-street parking areas servicing professional offices shall be interspersed in convenient locations intended to accommodate a small grouping of office structures. The minimum distance between the edge of a parking lot or driveway and any building shall be 15 feet.

(6) There shall be a minimum width fifty-foot landscape berm along all public streets. The berm may be included in the required yard setbacks and shall be designed in conformance with §§ 200-227 and 200-228.

(7) A comprehensive signage plan shall be provided, which covers overall project identification, individual building/tenant identification, traffic regulations, pedestrian crossings, street identification and parking and directional instructions. All signage must be consistent with a small-scale village character. A signage hierarchy shall be established governing the above signage categories. There shall be only one identification sign permitted for each building within the village center. Individual tenant signage shall be incorporated within the permitted building identification sign. In addition, all signage must be consistent with § 200-32 of Part 1, Site Plan Review, of this chapter.

(8) All buildings shall be designed to convey a small-scale village character. Buildings included in the planned village center should contain the following design elements:

(a) Provide the greatest amount of floor area on the first floor of two-story buildings.

(b) Provide shed or pitched roofs, dormers on the second floor and other similar design features.

(c) Provide consistency in the architectural treatment of building facades and diversity in the horizontal length of buildings through introduction of offsets at irregular intervals along the facade of a building.

(d) Provide a variety of building heights not to exceed 35 feet.

(9) Exterior freestanding lighting fixtures shall not exceed the height of proposed structures and in no case shall be greater than 15 feet in height. The source of illumination shall be recessed and shielded within the fixture itself and shall be consistent in character with the design of the planned village center.

(10) An internal pathway system shall be created to provide access to all buildings, open space areas and parking areas to be located within a planned village center.

§ 200-207.1 P-3 Business District (professional offices, residences) use regulations. [1]

[Added 11-13-2007 by Ord. No. 2007-20]

A. Permitted uses. In a P-3 District, no building or premises shall be used and no building shall be created or altered which is arranged, intended or designed to be used except for the following uses, and all such uses shall be subject to the performance standards set forth in Part I, Site Plan Review, and to § 200-243.2.

(1) Single-family residences existing as of January 1, 2005, in accordance with the regulations of the R-1A District.

(2) Child-care centers, day camps, kindergartens, and preschools subject to the regulations in § 200-156B(9).

(3) Home occupations as part of a continued existing residential use subject to the criteria governing such home occupations in § 200-232.

(4) New construction or conversion of existing residential structures to professional, medical or dental office uses, subject to the following special requirements:

(a) Office uses shall be limited to the existing floor area of the residential dwelling, except that office uses on parcels of four acres or greater are permitted to enlarge or replace the existing residential dwelling.

(b) At the time of site plan review, the applicant shall reserve access easements for:

[1] A future common drive with an adjacent parcel at one side yard.

[2] A future common drive at the opposite side yard if necessary for adequate access and circulation.

[3] A rear yard cross-access easement to permit for interconnection of parking areas if the lot configuration makes such appropriate.

(c) No parking shall be permitted between the front and side building line and the property line.

(d) Rear and side yards shall be a minimum of 15 feet, with adequate landscaping and/or screening to shield parking areas from adjoining lots.

(e) There shall be no minimum lot size on which a conversion may be permitted to occur; provided, however, no lot existing at the time of adoption of this amendment on which a conversion is proposed shall be further reduced in size.

(f) Architectural character shall be compatible with nearby residences and office and commercial buildings in terms of rooflines, building materials, and general aesthetics.

(g) Business or advertising signage for a converted or new professional office use shall be limited to 12 square feet in total for the lot.

(h) Where possible, residential access shall be from Rabbit Hill Road.

(5) Mixed-use buildings containing a residential use and an additional use permitted in this P-3 District.

(6) Accessory uses and accessory buildings incidental to the above uses located on the same lot and within the same zoning district permitting the principal use.

[1] Editor's Note: Former § 200-207.1, Princeton Junction Overlay District, added 3-19-2007 by Ord. No. 2007-03, as amended, was repealed 3-23-2009 by Ord. No. 2009-04. This ordinance also renumbered former §§ 200-207.2 and 200-207.3 as §§ 200-207.1 and 200-207.2, respectively. See now Part 5, Princeton Junction Redevelopment Plan Regulatory Provisions.

§ 200-207.2 P-3 Business District bulk and area regulations.

[Added 11-13-2007 by Ord. No. 2007-20]

In the P-3 District, the following bulk and area regulations shall apply to all uses.

A. Minimum lot area: 50,000 square feet.

B. Minimum lot frontage: 150 feet.

C. Minimum lot width: 150 feet.

D. Minimum lot depth: 150 feet.

E. Minimum yards.

(1) Front yard: 40 feet.

(2) Rear yard: 20 feet.

(3) Side yard: 15 feet.

F. Maximum floor area ratio for parcels of four to five acres shall be 0.08 and maximum floor area ratio for parcels greater than five acres shall be 0.12. Section 200-238 shall not apply.

G. Maximum improvement cover: 40%.

H. Maximum building height: 2.5 stories, but no greater than 35 feet.

I. No disturbance shall occur within 200 feet of a stream bank.

§ 200-207.3 PCD Planned Commercial District use regulations.

[Added 12-14-2020 by Ord. No. 2020-25]

A. Intent. The intent of the PCD is to support a wide variety of nonresidential uses to facilitate the redevelopment of the tract, while also ensuring that any such development will be complementary to the surrounding area, protect existing environmental constraints, minimize undue strain on the Township's community facilities, and avoid any substantial adverse impacts to the existing traffic and circulation patterns of Clarksville Road, Quakerbridge Road, and the US Route 1 corridor. Retail, service commercial, entertainment and hospitality uses are to be located along Quakerbridge Road and US Route 1 in order to maintain the commercial character of those corridors. Warehouse and distribution uses are encouraged within the remainder of the district. The PCD is also intended to promote an attractive comprehensive integrated design and encourage a high level of investment.

B. Permitted uses. In the PCD, no building or premises shall be used and no building shall be erected or altered which is arranged, intended, or designed to be used except for one or more of the following uses, and all such uses shall be subject to the performance standards set forth in Part 1, Site Plan Review, of this chapter unless otherwise noted.

(1) General, corporate, administrative, and professional offices.

(2) Research, testing, analytic laboratories.

(3) Product development laboratories.

(4) Pilot plant facilities.

(5) Warehousing and distribution facilities.

(6) Finishing and assembly of products.

(7) Limited manufacturing.

(8) Data processing and computer centers.

(9) Business support uses.

(10) Banks with or without drive-through lanes.

(11) Retail stores and shops.

(12) Personal service establishments.

(13) Restaurants, including but not limited to establishments offering indoor dining, outdoor dining, take out, delivery, curbside pickup, and drive-through lanes.

(14) Taverns offering alcoholic beverages for sale and consumption on the premises.

(15) Brew pubs.

(16) Fast food restaurants with or without drive-through lanes.

(17) Gas stations in conjunction with a convenience store and/or vehicle wash.

(18) Health clubs.

(19) Fitness centers.

(20) Commercial recreation facilities.

(21) Spas.

(22) Performing art facilities.

(23) Legitimate theaters.

(24) Motion- picture theaters.

(25) Cultural facility buildings or structures.

(26) Hotels with 100 or more guest rooms.

(27) Conference centers.

(28) Child-care centers.

(29) Senior day-care centers.

(30) Medical offices.

(31) Urgent care medical facilities.

(32) Outpatient surgical facilities.

(33) Breweries.

(34) Wineries.

(35) Distilleries.

(36) Veterinary clinics.

(37) Pet day-care facilities.

(38) Mixed-use planned developments pursuant to § 200-209A(8), except for affordable housing.

(39) A community landmark sign serving as a gateway to the community and which may include an electronic sign with changeable type, which shall display information regarding municipal, civic, and community events as well as emergency messaging. It may also display on-premises and off-premises advertising.

(40) Any existing wastewater treatment plant or electrical substation which existed prior to the date of the adoption of this section.

(41) Any kennel which existed prior to the date of the adoption of this section.

(42) Any combination of the above permitted uses in one or more principal buildings on a lot.

C. Accessory uses. In the PCD, the following uses may be permitted as accessory uses.

(1) Accessory uses and accessory buildings incidental to the above uses located on the same lot and within the same zoning district permitting the principal use.

(2) Outdoor and rooftop dining for restaurants, hotels, taverns, breweries, brewpubs, and wineries.

(3) A restaurant or cafeteria primarily for supplying meals only to employees and guests of the principal use.

(4) In-service training schools for employees.

(5) Custodial living quarters.

(6) Indoor and outdoor recreation facilities, provided that all such accessory buildings and uses shall be planned as an integral part of the principal use.

(7) Assembly halls for meetings incidental to the business of the principal use.

(8) Maintenance, utility, and storage facilities incidental to the principal use.

(9) Guard houses.

(10) Public and private utility (e.g., electric, gas, telephone, cable, water, sewer, etc.) substations, electric and gas facilities to service the permitted uses. Such facilities shall be subject to the requirements contained in Article XXVII, § 200-156B, except that the requirements of § 200-156B(6)(b) shall not apply.

(11) Electric vehicle charging stations.

D. Conditional uses. In the PCD, the following uses may be permitted as conditional uses.

(1) Transmission lines, transmitting and receiving antennae or aerials subject to the requirement set forth in Article XXVII, § 200-156B.

(2) Public utilities (e.g., electric, gas, telephone, cable, water, sewer, etc.) substation, electric and gas facilities subject to the requirements contained in Article XXVII, § 200-156B, except those utilities which are necessary to service the permitted uses.

§ 200-207.4 PCD Planned Commercial District bulk and area regulations.

[Added 12-14-2020 by Ord. No. 2020-25]

A. Minimum lot area: None.

B. Minimum lot frontage: 300 feet.

C. Minimum lot width: 300 feet.

D. Minimum lot depth: None.

E. Minimum front yards:

(1) Along Quakerbridge Road: 50 feet.

(2) Along Clarksville Road: 100 feet.

(3) Along US Route 1: 100 feet.

(4) Along proposed roads generally consistent with the Master Plan: 100 feet.

(5) Along other roadways: 50 feet.

F. Minimum rear yard: 40 feet.

G. Minimum side yard:

(1) For buildings less than or equal to 40 feet in height: 25 feet.

(2) buildings greater than 40 feet in height: 40 feet.

H. Yards abutting residential districts. The above yards shall be increased by 25 feet in those instances where they abut, in whole or in part, a residential zone district or lot line.

I. Minimum building setback from US Route 1 or Quakerbridge Road for warehouse and distribution facilities: 300 feet.

J. Minimum distance between buildings: 25 feet.

K. Maximum improvement coverage: 70%.

L. Maximum building height:

(1) The maximum building height shall be three stories and 45 feet for all uses except warehouse and distribution facilities as well as hotels located along US Route 1.

(2) The maximum building height shall be two stories and 60 feet for warehouse and distribution facilities.

(3) The maximum building height shall be six stories and 75 feet for hotels along US Route 1 provided that:

(a) Four or more storied buildings shall be located only within a band 1,800 feet in width as measured from the right-of-way line of US Route 1.

(b) The minimum setback requirements shall be increased an additional three feet of setback for one foot of building height which exceeds 45 feet.

M. Maximum retail building space.

(1) The maximum size of a retail building shall be 25,000 square feet.

(2) The total combined retail area of the PCD shall not exceed 150,000 square feet, not including restaurants and/or shops associated with the hotel use.

N. Parking in yards. Parking shall be permitted in the front, rear, and side yard setbacks subject to the following:

(1) Parking lots shall maintain a twenty-five-foot minimum grassed or landscaped separation on each lot to an adjoining lot, except that a seven-and-one-half-foot minimum grass or landscaped separation on each lot may be provided in those instances where a warehouse and distribution facility abuts an adjacent warehouse and distribution facility.

(2) Parking shall not be permitted in any landscape buffer required by this chapter.

O. Parking for warehouse and distribution facilities. Parking at warehouse and distribution facilities shall be computed as the sum of the parking required for the floor area of the facility used as office space plus the parking required for the floor area of the building used for warehousing or distribution space. The parking ratios to be used in this computation are as follows:

(1) One space for each 5,000 square feet of building floor area devoted to warehousing and/ or distribution space.

(2) One space for each 250 square feet of building floor area that is devoted to office space.

P. PCD performance standards. All uses permitted in the PCD shall be subject to the performance standards set forth in Part 1, Site Plan Review, of this chapter, except as modified below.

(1) The provisions of § 200-36.1 shall not apply to warehouse and distribution facilities. The provisions of § 200-36.1 shall apply to all other uses, except that sidewalks in the PCD may be constructed of impervious materials.

(2) The provisions of § 200-28D(1) shall not apply.

(3) Parking and loading is permitted between the fronts of buildings and the street line. No parking is permitted within any landscaped buffer as required herein.

(4) Aisles for the movement and circulation of vehicles shall be permitted in all yard setback areas. No aisle, except those required for access into and out of the site, shall be permitted in landscaped buffer as required herein.

(5) Trailer parking spaces and loading docks shall be permitted within building yard setbacks for warehouse and distribution facilities.

(6) Acceleration and deceleration lanes shall not be required at warehouse and distribution facility entrances along the master plan road located between US Route 1 and Quakerbridge Road.

(7) Impervious cover, including but not limited to buildings, sidewalks, or other constructed surface, shall be permitted within 200 feet of the centerline of any stream, ditch, or watercourse not identified on Attachment A. The construction of any such impervious cover shall be in accordance with all outside agency regulations as applicable.

(8) Existing trees may be removed in accordance with all outside agency regulations and pursuant to site plan approval.

(9) Bicycle parking shall not be required for warehouse and distribution facilities.

Q. Additional standards pertaining to banks and fast-food restaurants with drive-through lanes. The following additional standards shall apply to drive-through lanes in the PCD.

(1) The minimum distance between the edge of a drive-through lane and any property line shall be 30 feet, or 50 feet if the property adjoins a residential district.

(2) Direct access to and from drive-throughs shall not be permitted from public streets. Such access shall be provided from within the lot or the internal road system servicing the primary use. Ingress and egress points shall be coordinated so as not to impede the main traffic flow to, from, or passing by the drive-through lanes.

(3) For banks, no more than four drive-through teller windows shall be provided, not including an ATM drive-up lane.

R. Additional standards pertaining to veterinary clinics. The following additional standards shall apply to veterinary clinics in the PCD.

(1) The veterinary clinic building shall be sited at least 150 feet from any residential use or zoning district.

(2) Buildings housing animals shall be soundproofed to a maximum transmission of 65 dB measured on the outside of the exterior wall. Other soundproofing requirements may be imposed by the board of jurisdiction, such as, but not limited to, the following: nonopening windows and forced-air ventilation, solid core doors and sound-absorbent ceilings.

(3) Proper and ample ventilation of all animal areas in buildings shall be demonstrated to the satisfaction of the board of jurisdiction and shall meet all state licensing requirements.

(4) Animals may be kept overnight for medical reasons only.

(5) Animals shall be housed indoors and may be allowed outside only for short periods under staff supervision for hygienic or medical reasons. When they are outside, they shall be kept in a completely enclosed area.

(6) A maximum percentage of floor area for overnight holding of animals shall be limited to 30% of the gross floor area of the veterinary clinic/hospital building.

(7) No cremation or disposal of dead animals is allowed on the premises. Disposal of used and contaminated veterinary medical supplies shall meet low-level hazardous waste disposal requirements.

(8) The curbing of pets shall be addressed.

S. Additional standards pertaining to pet day-care facilities. The following additional standards shall apply to pet day-care facilities in the PCD.

(1) All buildings and structures, including outdoor play areas or other enclosures in which the animals are to be kept, shall be located at least 150 feet from any residential use or zoning district.

(2) Buildings housing animals shall be soundproofed to a maximum transmission of 65 dB measured on the outside of the exterior wall. Other soundproofing requirements may be imposed by the board of jurisdiction, such as, but not limited to, the following: nonopening windows and forced-air ventilation, solid core doors and sound-absorbent ceilings.

(3) All buildings shall be of adequate construction, maintained in good repair, and secured in order to protect animals from injury or escape.

(4) Proper and ample ventilation of all animal areas in buildings shall be demonstrated to the satisfaction of the board of jurisdiction and shall meet all state licensing requirements.

(5) All animals housed in the facility shall be kept within the confines of a building between the hours of 9:00 p.m. and 8:00 a.m.

(6) Outdoor facilities:

(a) A wall or fence shall be installed to secure the pets from other domestic animals and unauthorized individuals.

(b) Outdoor animal areas shall be sufficient to protect the animal from sunlight, rain, snow or weather detrimental to the animal's health or shall allow indoor access.

(c) Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, and debris.

(d) All outdoor areas where animals are kept shall have impermeable flooring that can easily be cleaned and sanitized or shall have a minimum of six inches of animal-appropriate gravel which is replaced on a regular schedule which is consistent with the maintenance of sanitary conditions.

T. Additional standards pertaining to community landmark signs. The following additional standards shall apply to community landmark signs in the PCD.

(1) One community landmark sign shall be permitted along Quakerbridge Road, and one community landmark sign shall be permitted along the US Route 1 corridor.

(2) A community landmark sign shall serve as a gateway sign into the community and, as such, such sign shall provide sufficient availability for community information.

(3) A community landmark sign shall provide availability and display time for municipal, civic or emergency messaging use and may display on-premises and off-premises advertising.

(4) The nearest edge of the community landmark sign display face shall have a setback of 35 feet from any right- of-way.

(5) No community landmark sign shall exceed 50 feet in height measured from the top of the sign to the grade at the base of the sign.

(6) Each community landmark sign may have up to two display faces, placed either back to back or in a V-shaped configuration. Each display face shall have a maximum area of 378 square feet.

(7) Community landmark signs shall be permitted to operate 24 hours a day.

(8) All message or copy change of the community landmark sign display face shall be instantaneous. Scrolling, fading, animated, flashing or moving messages or copy is prohibited. No display face shall change message or copy more than once every eight seconds.

(9) A community landmark sign display face may not message or advertise adult or sexually oriented businesses or materials, hate speech, or use any form of profane language or promotion of any message that would be obscene in nature.

(10) All community landmark signs shall incorporate ambient light sensors that measure the levels of surrounding light and automatically reduce the intensity of illumination during periods of darkness or increase the intensity of illumination during periods of brightness. No community landmark sign display face shall exceed a maximum illumination intensity of 500 nits during nighttime hours (dusk until dawn) and 7,500 nits during daytime hours (dawn until dusk) when the display face is in direct sunlight. A community landmark sign display face shall not spill light or glare exceeding 0.3 footcandles of light above the ambient light level.

(11) The architecture of a community landmark sign shall incorporate visual art or architecture elements in addition to its messaging function thereby creating a unique or distinctive architectural design. A community landmark sign design shall incorporate one or more of the following architectural elements: natural or reproduced stone, stucco, wood, brick, ornamental iron or decorative steel. Any community landmark sign design that incorporates landscaping shall require the operator (the entity, person, or individual who owns the New Jersey Department of Transportation outdoor advertising sign permit for the specific community landmark sign display area) to permanently maintain the landscaping. The owner or operator of the community landmark sign shall continuously maintain the structure and surrounding associated area. The Township may require a community landmark sign to display the name of the municipality, county or local identifiable community area as part of the structure.

(12) Community landmark signs shall not be considered a principal use or structure on a lot and shall be allowed on lots that already have principal uses or structures.

U. Buffers. Landscape buffers in the PCD shall be provided as follows.

(1) Landscape transition buffer. A landscape transition buffer of not less than 25 feet in width shall be provided and maintained by the owner or lessee of a property between any nonresidential use and contiguous residentially zoned districts.

(2) A landscape buffer of 50 feet in width shall be provided along US Route 1 and Quakerbridge Road.

(3) A landscape buffer of 75 feet shall be provided along Clarksville Road.

(4) A landscape buffer of 25 feet shall be provided along the master plan road located between US Route 1 and Quakerbridge Road.

(5) No parking or loading shall be permitted in a landscape buffer.

(6) Yard requirements shall be deemed to be counted as part of the landscape buffer area. Where yard areas are less than the required buffer area, they shall be increased accordingly.

(7) Suitably landscaped and bermed stormwater basins in the PCD may be located within any yard setbacks or landscaped buffers required by this chapter, provided that a maximum of 50% of the basin may be located within the buffer area.