E Business Districts are designed to provide opportunities for
shopping, services and other consumer related needs in areas which
are accessible from major roads and mass transportation routes. The
uses in the districts are intended to serve the shopping and service
needs of the Township, while meeting the special requirements set
forth herein to ensure compatibility between the district and other
types of districts which are adjoining. The E Business District is
also designed to provide opportunities for planned business centers
where permitted uses are clustered in a unified building or buildings
to form a neighborhood shopping or service center, or planned business,
medical or professional office centers.
A building may be erected, altered or used and a lot or premises may be used or occupied, subject to Article XIII, for any of the following uses and no other:
A.
Permitted principal uses.
(1)
Business, professional, medical offices.
(2)
Banks, including drive-in banks, or other financial institutions.
(3)
Shops and stores for the retail sale of such items as antiques, books,
bicycles, art and drafting equipment and supplies, furniture, flowers
and plants, gifts, garden supplies, hardware, household appliances,
jewelry, notions, paint, periodicals, records, shoes, stereos, stationery,
tobacco, toys, wearing apparel and other like merchandise.
(4)
Personal retail service shop, including beauty parlor and barbershop,
self-service laundry, excluding tattoo, body piercing and massage
studios.
(5)
Retail dry-cleaning shop (pick-up and drop-off only).
(6)
General service or repair shop, including such shops as watch or
clock repair, jewelry or optical repair, radio or television repair,
electrical household appliance repair, shoe repair, tailor, dressmaker,
photographer, travel agency and locksmith, provided that each of the
foregoing is on a retail basis.
(7)
Bakery, pastry, candy, confectionery or ice cream shop making goods
only for sale on the premises, specifically excluding lunch wagons
or other similar vehicles, road stands or booths or any other moveable,
transient or temporary structure from which food or food products
are sold.
(8)
Veterinarian, provided that all kennels shall be located within the
building and there is no kennel access to the exterior of the building.
(9)
Private commercial educational institutions offering instruction
in dance, music, art, drama and other similar endeavors.
(10)
Municipal use.
(11)
Public transit station (exclusive of transit vehicle storage,
garage or service areas)
B.
Permitted accessory uses.
(1)
Accessory use on the same lot with and customarily incidental to
any of the above-permitted principal uses, except as limited above.
(4)
Public transit station parking for commuters and transit station
employees, provided that such parking area shall not exceed 50,000
square feet nor be created, maintained or otherwise established by
any public transit company unless in conjunction with an existing
or planned station, and provided further that such parking area is
entirely within 500 feet of said station and such parking area and
its approaches are surfaced in a manner satisfactory to the Code Enforcement
Officer. It shall be the duty of any transit company desiring to create,
establish or alter any such parking area to present to the Code Enforcement
Officer detailed specifications of the surfacing materials to be used
and plans showing the size of the proposed parking area, its distance
from the station and the location of the proposed means of ingress
and/or egress. No permit shall be issued until the Code Enforcement
Officer has determined that the proposed parking area is in conformity
with the terms of this ordinance, the Subdivision Regulations, and
the Stormwater Management Ordinance.[1]
(5)
Communications antennas, when mounted on one of the following existing
locations: public utility transmission tower; public or municipal
structure or public or municipal building; or other building or structure.
Proposed locations shall be considered in the order listed. After
all viable options for each alternative have been exhausted, the next
alternative may be considered. The applicant shall not propose one
of the latter locations if a preceding alternative is available within
a 1/2 mile radius of the proposed location. Equipment buildings accessory
to communications antennas shall be permitted as a Conditional Use
and shall be a maximum of 250 square feet in area.
C.
Uses by special exception.
(1)
Club or lodge.
(2)
Movie theater and performing arts center.
(3)
Hotel, motel or inn.
(4)
Public garage.
(5)
Motor vehicle service station, after approval of detailed plans for
the proposed use by the Zoning Hearing Board. Such plans shall be
drawn to scale and shall show the location and dimensions of the site,
together with all buildings and facilities proposed for the site,
including pump islands, display racks, signs and accessways. In addition
thereto, sufficient space shall be provided on the lot so that a reasonable
number of motor vehicles may be parked while waiting to be serviced.
All repair work shall be conducted within a building designed for
such purposes. Lighting facilities shall be so arranged as to reflect
away from abutting properties, and the Zoning Hearing Board may condition
any approval upon the installation of fences, trees, shrubbery and
other suitable barriers to protect adjacent uses.
(6)
Funeral home.
(7)
New automobile, truck, mobile and modular home, boat and recreational
vehicle sales and, as accessory uses, used vehicle sales and/or service.
(8)
Commercial recreation facility for fitness, racquetball, squash,
swimming and like activities.
(9)
Nursery school or day-care center.
(10)
Restaurant, excluding a fast-food restaurant, which may include
outdoor seating, provided that when such seating accommodates more
than two tables or four people, whichever is less, such seating:
(a)
Shall not be permitted within 100 feet of any single-family
attached or detached dwelling unit(s).
(b)
Shall be separated from the street (and from the minimum forty-eight-inch
wide clear and usable walk area) by a type of street furnishing that
will provide a partial enclosure to the area and help to delineate
the area. The separation of spaces shall be accomplished by:
[1]
Black or dark colored fence made of steel, aluminum or wrought-iron,
which shall be 36 to 42 inches in height.
[2]
Planter boxes made of wood, precast concrete, stone, brick,
or other masonry, which shall be 36 to 42 inches in height. Such planter
boxes shall be at least 12 inches wide and have drain holes in the
bottom. Planter boxes shall contain dwarf evergreen shrubs, or a combination
of flowers and vines, which shall be installed prior to opening the
outdoor dining area, and shall be continuously maintained. Any plantings
that die shall be replaced immediately thereafter.
[3]
A type of temporary barricade such as a wooden partition wall,
or wooden partition fence, that shall be 36 to 42 inches in height,
and built to be secure, stable and perpendicular to the sidewalk surface
during hours of use.
[4]
Such fence, planter boxes, temporary barricade or other enclosure
shall contain or enclose the outdoor seating area on one to three
sides, but shall not enclose it on four sides.
(c)
No exterior music shall be played on public sidewalks.
(d)
Outdoor service shall not be permitted after 11:00 p.m.
(11)
Truck and trailer rental.
(a)
No garage, auto repairs or maintenance shall be performed, exclusive
of the cleaning and preparation of vehicles for rental.
(b)
Parking spaces for vehicle storage, pick up, drop off and preparation
areas are in addition to the required off-street parking spaces.
(c)
All vehicles and trailer storage shall be located to the rear
of the lot.
D.
Conditional uses.
(1)
Pawnshops and check-cashing establishments, provided that:
(a)
Any of the above uses shall not be located within a four-hundred-foot
radius of a residential zoning district or those areas presently used
for residential purposes unless a petition requesting waiver of this
requirement is received and verified by the Board of Commissioners,
signed by 51% of those persons residing within or owning or operating
a business within a four-hundred-foot radius of the proposed location,
in which case the Board of Commissioners may waive this requirement.
(b)
Any of the above uses shall not be located within a four-hundred-foot
radius of two other such uses, except that such restrictions may be
waived by the Board of Commissioners if it is found that:
[1]
The proposed use will not be contrary to the public interest
or injurious to nearby properties and that the spirit and intent of
this ordinance will be observed.
[2]
The establishment of an additional use of this type in the area
will not be contrary to any public program of neighborhood conservation
or improvement, either residential or nonresidential.
[3]
All applicable regulations of this ordinance will be observed.
(2)
Planned business center that includes two or more uses permitted under § 143-53A provided that such development is in conformance with §§ 143-55C(2) and 143-56.
The maximum height of buildings and other structures attached
to buildings erected, enlarged or used shall be 35 feet, except:
A.
Permitted principal uses.
(1)
Lot area. A lot area of not less than 50,000 square feet shall be
provided for every principal permitted building erected or used for
any permitted use.
(2)
Lot width at the building line. A lot width at the building line
of not less than 150 feet shall be provided.
(3)
Lot width at the street line. A lot width or lot frontage at the
street line of not less than 175 feet shall be provided.
(4)
Building coverage and impervious surface. Not more than 40% of the
total area of any lot shall be occupied by buildings, and not more
than 70% of any lot area shall be covered by impervious surfaces.
(5)
Front yard setback(s). There shall be a setback on each street on
which the lot abuts, the depth of which shall be at least 25 feet.
Vehicular parking shall not be permitted within 15 feet of any street
line.
(6)
Rear yard. There shall be a rear yard, the depth of which shall be
not less than 50 feet. Vehicular parking shall not be permitted within
15 feet of the rear property line.
(7)
Side yard. There shall be two side yards, one on each side of the
building. The aggregate width of the side yards shall not be less
than 40 feet, and neither side yard shall be less than 15 feet, except
where such use is adjacent to a residential use or district in which
case the aggregate width of the side yards shall not be less than
60 feet and neither side yard shall be less than 25 feet. In the case
of a corner lot, there shall be one side yard with a minimum width
of 25 feet. Vehicular parking shall not be permitted within 10 feet
of the side property lines.
B.
Uses by special exception.
(1)
The area and bulk regulations for a motor vehicle service station, funeral home and nursery or day-care center shall be in accordance with § 143-55A, provided that the lot can accommodate the area required for off-street parking. If the lot cannot accommodate the area required for off-street parking, then the Zoning Hearing Board shall require a lot area greater than 50,000 square feet.
(2)
The area and bulk regulations for all other uses by special exception as set forth in § 143-53C shall be as follows:
(a)
Lot area: two acres or 87,120 square feet minimum.
(b)
Lot width at building line: 250 feet minimum.
(c)
Lot width or lot frontage at street line: 250 feet minimum.
(d)
Building coverage: 30% maximum.
(e)
Impervious surface: 60% maximum.
(f)
Front yard: 35 feet minimum, and vehicular parking shall not
be permitted within 20 feet of any street line.
(g)
Rear yard: 75 feet minimum, and vehicular parking shall not
be permitted within 20 feet of any rear property line.
(h)
Side yards: 100 feet minimum aggregate width, and 50 feet minimum
each side. Vehicular parking shall not be permitted within 15 feet
of any side property line.
(i)
Perimeter buffer. Except for a Planned Business Center, a perimeter buffer with a minimum width of 20 feet from each street line and rear lot line, and 15 feet from each side lot line shall be devoted to landscaping in accordance with Article XV, §§ 143-98, 143-115 and 143-116. Perimeter Buffers for a Planned Business Center shall be provided in accordance with § 143-56C(2).
C.
Conditional uses.
(1)
The area and bulk regulations for any use set forth in § 143-53D(1) shall be in accordance with § 143-55A.
(2)
The area and bulk regulations for a Planned Business Center shall be in accordance with § 143-55B(2) and the special requirements set forth in § 143-56.
A.
General standards.
(1)
The tract of land on which each permitted use is conducted shall
be held in single ownership and shall be operated under unified control
and management. In the event of multiple ownership, a written agreement
between the parties and owners involved shall be submitted to evidence
that the development and management will be in accordance with a single
plan with common authority and common responsibility.
(2)
All uses shall be served by public sewer and water.
(3)
Each permitted use shall provide and maintain attractively landscaped
grounds and include screening necessary to buffer adjacent properties
in accordance with a landscaping plan approved by the Code Enforcement
Officer.
(4)
All utility lines servicing the permitted buildings or structures
and the lot shall be placed underground within the lot lines of the
property on which the use is located.
(5)
All mechanical equipment which is not enclosed within a building
shall be fully and completely screened from view in a manner compatible
with the architectural and landscaping style of the overall property.
(6)
The physical design of the site plan shall provide for adequate control
of vehicular traffic, make adequate provisions for public water, public
sewer, erosion and sedimentation control, stormwater management, fire
protection and other public services, trash, recycling, off-street
parking and loading facilities, and further the amenities of light,
air and visual enjoyment.
(7)
All buildings and structures shall be designed and sited to reflect
a sensitivity to existing natural features, to be responsive to solar
orientation, wind exposure and energy efficiency and to relate to
similar buildings on adjoining tracts in terms of size and scale.
(8)
Any development or redevelopment proposed in a TND Overlay District shall be in accordance with Article XIV.
(9)
In the case where a Planned Business Center is to be constructed
in phases, the proposed development shall be constructed in accordance
with the overall approved plan and shall be designed as a single architectural
scheme with common landscaping. All landscaping, including planting
strips and fences shall be installed in the initial phase. Parking
constructed in each phase shall be sufficient to meet the proposed
development in that phase.
B.
Dimensional standards.
(1)
The minimum distance between buildings on a lot shall be 40 feet
to allow for a twenty-foot fire department access lane and 10 feet
for foundation plantings around each building. The minimum distance
may be increased, but in no case shall the maximum distance between
buildings exceed 125 feet.
C.
Buffer requirements.
(1)
In each case where any portion of a lot abuts a more restrictive zoning district, there shall be a buffer planting strip along the district boundary line with the E Business District for a depth of 15 feet, except as provided below. The buffer planting strip shall be used for no purpose other than planting and screening in strict conformance with Article XVII, §§ 143-115 and 143-116, and in accordance with a landscaping plan approved by the Code Enforcement Officer.
(2)
In the case of a planned business center, a buffer planting strip of not less than 20 feet shall be provided around the entire perimeter of the property except for accessways from streets. The buffer planting strip shall be used for no purpose other than planting and screening in strict conformance with Article XVII, §§ 143-115 and 143-116, and in accordance with a landscaping plan approved by the Code Enforcement Officer.
D.
Vehicular access and traffic considerations.
(1)
Access barrier. Access to the public highway or street shall be controlled in the interest of public safety. Each building or group of buildings erected in the E Business District and the parking, loading/unloading and service areas shall be physically separated from any street by a curb and planting strip, or other suitable barrier against unchanneled ingress or egress by motor vehicles except for accessways as authorized by Subsection D(2) below.
(2)
Accessways. Each separate grouping of attached buildings or grouping
of uses permitted as part of a single integrated project shall have
no more than two accessways to any one public street. Neither of such
accessways shall be more than 50 feet in width. On urban principal
arterials, adequate acceleration and deceleration lanes shall be provided.
The intent of this provision is to encourage the use of common accessways
by two or more permitted uses or lots in order to reduce the number
and spacing of access points along the highway.
(3)
Traffic control devices and acceleration and deceleration lanes shall
be provided at the expense of the owner.
E.
Off-street parking and loading/unloading. Adequate off-street parking and loading/unloading areas shall be provided in accordance with Article XV.
F.
Environmental controls.
(1)
No building may be erected, altered or used, and no lot or premises may be used for any trade, industry or business that is noxious or offensive by reason of odor, dust, smoke, gas or noise or that is dangerous to public health or safety or is in violation of any of the environmental controls of Article XVII, § 143-113.
(3)
Disposal requirements. All trash, garbage, recycling, rubbish and debris of every kind and nature shall be stored within the building in fireproofed rooms and shall be collected and disposed of, as often as may be necessary under the particular circumstances, by private collectors and at no cost to the Township. If dumpster-type containers are used, said containers must be located to the rear or side of the lot, screened from view in accordance with § 143-98 and in conformance with the Fire Code.[1] Where multiple uses are permitted in the E District, one
central collection area shall be provided for all users in each building.
G.
Architectural character.
(1)
In the case of a planned business center, all buildings shall be
designed and built in harmony with one another relative to size, scale,
proportion and materials.
(2)
All signs, lighting, benches and other like structures shall be designed
and built in keeping with the architectural character and theme of
the principal use and/or planned business center.
H.
Fencing. A six-foot-high opaque fence shall be required along rear
and/or side property lines that abut any residential use or zoning
district.
Approvals shall be in accordance with § 143-128.
