[Amended 10-5-1987 by Ord. No. 1057; 12-15-1997 by Ord. No.
17-97; 9-27-1999 by Ord. No. 13-99; 7-10-2006 by Ord. No. 10-06]
In District D, only the following uses are permitted:
A.
Business uses of a strictly retail sales and service
type, conducted entirely within the confines of a building and involving
the sale of goods or rendering of services directly to the ultimate
consumer and limited to the following:
(1)
Stores for retail sale and display of goods and products,
provided that the area devoted to storage of such goods and products
does not exceed the area devoted to sales and display.
(2)
Shops, including personal services and repair shops,
such as beauty and barber shops; shoe repair; bicycle sales and repair;
upholstery shops; print shops; florists; television and radio sales
and service; locksmiths; photographers; the sale of food products
prepared, cooked or baked on the premises, including delicatessens;
and laundries and dry-cleaning and/or laundry establishments, but
not including wholesale laundries and dry cleaners.
(3)
Restaurants, but not including drive-in restaurants.
(4)
Business, professional and executive offices and personal
business service establishments, such as travel agencies, auto driving
schools, taxi businesses, telephone answering services, educational
facilities, dance, martial arts, yoga, gym, and exercise facilities,
provided that such uses shall be limited to the upper floors only
of mixed-use buildings.
(5)
Banks and similar financial institutions. Bank drive-in facilities are permitted only as special exceptions in accordance with the provisions of Article XIX.
(6)
A building containing a retail business establishment on the first floor may contain dwelling units or apartments in stories above the first story, provided that the minimum floor area requirements of § 290-20E(2) are met.
(7)
Public buildings and structure, including public schools
of the schools district, private schools not operated for profit of
elementary and high school grade, and public parks and playgrounds.
(8)
Places of worship subject to § 290-7G.
B.
No use in District D shall involve any process of manufacture, fabrication, assembly, disassembly, treatment or alteration of any product, except as an essential part of a retail operation, such as those listed in Subsection A(2). In addition, any use not specifically permitted in Subsection A above shall be deemed prohibited.
D.
No operator of any commercial premises, including those set forth in Subsection A above, and as defined in Chapter 247, Streets and Sidewalks, Article II, shall commence the servicing of customers at such premises prior to 5:30 a.m. or after 11:00 p.m. on any day of the week. Notwithstanding the foregoing, nothing contained in this section shall prohibit an operator of commercial premises from providing delivery services after 11:00 p.m., but not later than 3:00 a.m., on any day of the week.
[Amended 5-15-2017 by Ord. No. 2017-6]
In District D, the following conditions shall
be met:
A.
Height. No building shall exceed a height of three
stories nor more than 36 feet.
B.
Front yard. No front yard shall be required. Every
building hereafter erected in District D shall front on and have its
principal entrance on Broad Avenue, Fort Lee Road or Grand Avenue.
C.
Rear yard. There shall be a rear yard of at least
10 feet; provided, however, that, for each foot of building height
in excess of 24 feet, the rear yard shall be increased by six inches.
In the case of a building containing dwelling units in stories above
the first story, the rear yard setback of the lowest story containing
dwelling units and all stories above shall not be less than 10 feet,
plus 10 feet for each story containing dwelling units.
D.
Side yards. No side yards shall be required except
as follows:
(1)
Where a side yard in District D adjoins a residence
district there shall be a minimum side yard of 10 feet, plus six inches
for each foot of building height in excess of 24 feet.
(2)
In the case of a building containing dwelling units
in stories above the first story which has one or more windows on
a side wall serving habitable rooms, the side yard setback of the
lowest story containing such window or windows and all stories above
shall not be less than 10 feet.
E.
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with Article XVIII.
F.
Street encroachments. In addition to those projections
beyond the street line permitted by the Building Code and other ordinances,
there shall be permitted:
[Amended 12-4-1991 by Ord. No. 1134]
(1)
Belt courses, bay windows and similar ornamental features
projecting not more than nine inches when located not lower than the
second-floor beams.
(2)
Balconies and similar isolated ornamental features
projecting not more than 24 inches when located not lower than the
third-floor beams.
(3)
Air-conditioning units not more than 18 inches when
located not lower than the second-floor beams.
(4)
The vertical height of any awning projecting over
the street shall not exceed 40 inches. The projection of any awning
from the building line to the furthest projection of the front end
of the frame shall not exceed 24 inches. The clear vertical dimension
of any awning measured from the lowest part of the sidewalk to the
lowest point of the awning frame shall be a minimum of eight feet.
Any awning that contains a nonrigid fringe/trimming may project below
the lowest part of the awning frame by not more than four inches.
G.
Nuisances. Air-conditioning units, air-cooled condensing units or any noisemaking devices or equipment shall be located so as to limit the propagation of outdoor sound within the limits prescribed in § 290-27.
H.
No establishment offering manicures and/or pedicures,
commonly referred to as a “nail salon,” shall be located
within 500 feet of any establishment offering the same type of services.
[Added 5-7-2007 by Ord. No. 10-07]
