§ 165-101. Mixed Business (MB) District regulations.

A. 

Purpose. The Mixed Business (MB) District is implemented to accomplish the following objectives relevant to the improvement of existing conditions on the redevelopment site:

(1) 

To encourage the redevelopment of Block 903, Lot 2 pursuant to and consistent with the redevelopment recommendations and plan;

(2) 

To facilitate new construction on the site with a unified approach to the location and relationship of buildings, parking, landscape amenities, architectural elements, open space area, environmental features, access to the surrounding roadway network, and pedestrian circulation; and

(3) 

To provide new development affording employment opportunities for residents of the Borough and expand the ratable base.

B. 

Application of regulations. Where an applicant seeks to develop the redevelopment site identified as Block 903, Lot 2 pursuant to the redevelopment plan, the Borough shall permit redevelopment in accordance with the requirements set forth in the following sections of this zoning amendment.

C. 

Permitted uses. The following uses are permitted in the Mixed Business District.

[Amended 11-3-2003 by Ord. No. O-22-03]

(1) 

Principal permitted uses. Retail trade and service establishments (excluding drive-through facilities), eating and drinking establishments (excluding drive-through facilities), catering facilities, business and professional offices, and banks and financial institutions, light industrial uses as provided below:

(a) 

Fabrication, assembly and production of finished or semifinished products from component products.

(b) 

Compounding, processing and treatment of finished or semifinished products from previously prepared or manufactured materials.

(c) 

Packaging and repackaging of products.

(d) 

Research and development activities.

(e) 

Associated warehousing, storage and distribution of materials.

(2) 

Accessory uses. Off-street parking and loading, signs, fences and walls, outdoor eating and drinking establishments/cafes, decks and walkways, outdoor seating areas and promenade structures.

(3) 

Conditional uses. The parking and storage of truck and trailers shall be permitted, subject to the following conditions:

[Amended 11-03-2003 by Ord. No. O-22-03; 12-18-2006 by Ord. No. O-24-06]

(a) 

A landscaped buffer or other form of screening (as determined appropriate by the Planning Board) of the parking/storage area shall be maintained so that such area is not readily visible from Harry Shupe Boulevard. Screening may consist of existing vegetation, new vegetation, fencing, or a combination thereof.

(b) 

The existing rear buffer shall be preserved and maintained in accordance with § 165-101D.

(c) 

There shall be a security checkpoint to control access and egress from the parking/storage area.

(d) 

The parking/storage area shall be set back a minimum of 1,000 feet from the Main Street right-of-way and shall not be visible from Main Street.

(e) 

Trailer containers may not be stacked. Only single trailers may occupy a space. A designated trailer space shall measure 12 feet wide by 60 feet long.

(f) 

The maximum area utilized for truck parking and trailer storage cannot exceed 235,000 square feet.

(g) 

The storage operations shall be related to businesses located on lots situated within 100 feet of the perimeter of the delineated parking/storage area on the site, not within 100 feet of the site.

(h) 

To reduce impervious coverage, the parking/storage area may be composed of gravel and no curbs, site lighting, traffic islands or other improvements are required.

(4) 

Prohibited uses. The following are recommended as specifically prohibited uses in the MB District:

(a) 

The reduction, conversion, or manufacturing of primary raw or extracted materials.

(b) 

Resource extraction, the initial processing or treatment of raw material.

(c) 

The manufacture or compounding process of raw materials.

(5) 

The following additional regulations pertain to any light industrial use in the Mixed Business MB District:

(a) 

There cannot be a separate building devoted solely to light industrial use in the MB District. If a light industrial land use is proposed, it must be located in a building containing office use.

(b) 

The percentage of the building devoted to light industrial use shall not exceed 85% of the gross floor area of the building.

(c) 

All loading areas shall be screened and shall not be visible from Harry Shupe Boulevard.

(d) 

All distribution and storage shall be indoors. There shall be no outdoor storage of materials.

(e) 

There shall be no light industrial use in the MB District within 1,000 feet of the North Main Street right-of-way.

(6) 

Applicable performance standards. Light industrial operations in the MB District shall be to control the external effects pursuant to § 165-100, Performance standards.

D. 

Area and bulk requirements.

(1) 

The following regulatory controls apply to the MB District:

(a) 

Minimum lot area: five acres.

(b) 

Minimum lot width: 200 feet.

(c) 

Minimum lot depth: 250 feet.

(d) 

Minimum front yard: 50 feet.

(e) 

Minimum side yard: 30/60 feet.

(f) 

Minimum rear yard: 40 feet.

(g) 

Maximum building height: four stories/50 feet.

(h) 

Maximum building coverage: 40%.

(i) 

Maximum impervious coverage: 65%.

(j) 

Maximum floor area ratio: 0.35.

(2) 

To provide for varied design and visual interest, varied building heights are permitted for buildings on the site which are set back a minimum nine-hundred-foot distance from the North Main Street right-of-way. For buildings meeting this minimum nine-hundred-foot setback from North Main Street, a maximum building height of six stories/75 feet is permitted. Also required in conjunction with this minimum nine-hundred-foot setback, and the extended building height provision, is preservation of the existing mature stand of trees which currently exists along the rear of the site and forms a substantial wooded area along the Rockaway River. The mature stand of trees must be preserved to form a minimum fifty-foot-wide mature natural wooded buffer beginning at a point minimally 900 feet east of the North Main Street right-of-way, extending southward from the rear lot line and eastward to the east lot line. However, due to the irregularity of the north lot line and the extremely narrow depth of the site in the central portion, a uniform fifty-foot-wide buffer requirement would preclude internal connections between the east and west portions of the site. Therefore, a modified buffer area is permitted for that section of the site where the depth of the site narrows to 300 feet or less, measured from the north lot line to the south lot line, perpendicular to the Harry Shupe Boulevard right-of-way. In this area, the required buffer width is reduced to 35 feet (measured southward from the north lot line) and requires the preservation of existing mature trees within the buffer. A further provision for the entire buffer area on this site is the allowance of walking trails and other aesthetic features within the buffer area to enhance the site's relationship to the adjoining river and existing preserved wooded area; therefore, appropriate recreational and aesthetic accessory structures directly related to the enhancement and enjoyment of these natural amenities are permitted to be located throughout the required buffer.

E. 

Additional zoning regulations. The following additional regulations are applicable to the MB District:

(1) 

Multiple buildings and uses shall be permitted.

(2) 

A minimum setback of 50 feet between buildings shall be provided.

(3) 

There shall be a minimum building setback of 10 feet between buildings and all internal roadways.

F. 

Required parking setbacks. The following parking setbacks shall be applicable:

(1) 

Minimum distance to right-of-way line: 30 feet.

(2) 

Minimum setback to building: 10 feet.

(3) 

Minimum setback to side or rear lot line: 20 feet.

G. 

Parking standards.

(1) 

The following parking standards shall apply to uses in the redevelopment area. These standards are designed to apply to this site and not other zone districts:

(a) 

Retail, personal service and commercial uses: five spaces per 1,000 square feet.

(b) 

Office, bank and related financial uses: four spaces per 1,000 square feet.

(c) 

Eating and drinking establishments; catering facilities: one space per 3.5 seats.

(2) 

For all other uses, see existing Borough regulations.

H. 

Submittal requirements. An application for development in the MB District shall submit a site plan indicating the manner in which the entire tract is to be developed. Said plan shall include all the data required for site plan review and clearly indicate the distribution of uses and intensity of use of land within the tract. This zone-wide approach to development in the MB District is to ensure that the zoned tract is developed within the framework of a comprehensive, integrated design and not in a piecemeal fashion.

I. 

Design standards. The following design standards are applicable to the MB District:

(1) 

General design standards.

(a) 

Building form and mass. All buildings should relate harmoniously to the site's natural features, including the adjoining Rockway River and other on-site buildings. The buildings should provide a harmonious transition from the other structures in the surrounding area. Such features should be incorporated into the design of building form and mass and assist in the determination of building orientation in order to preserve visual access to natural or man-made community focal points.

(b) 

Large horizontal buildings, i.e., buildings with a linear dimension of more than 175 feet should incorporate visual and/or physical breaks to create a more interesting appearance. Related architectural elements which preclude a continuous uninterrupted facade building length may also be utilized to achieve a break in the linear dimension of the building walls in place of an offset, if determined by the approving authority to achieve the same purpose. All building foundations shall be appropriately landscaped.

(c) 

Buildings with expansive blank walls are prohibited. Appropriate facade treatments should be imposed to ensure that such buildings are integrated with the rest of the site.

(d) 

New buildings are encouraged to incorporate such building elements as entrances, corners, graphic panels, display windows, etc. as a means to provide a visually attractive environment.

(e) 

Cornices, awnings, canopies, flagpoles, signage and other ornamental features should be encouraged as a means to enhance the visual environment.

(f) 

Exterior-mounted mechanical and electrical equipment exposed to the public view shall be architecturally screened. Roof-mounted equipment and projections should be screened in such a manner that the screen will blend in with the building and, where feasible, located to the rear of the building away from the public view.

(2) 

Facade treatment.

(a) 

A "human scale" of development should be achieved at grade and along street frontages through the use of such elements as windows, doors, columns, awnings and canopies.

(b) 

Multitenant buildings shall provide varied storefronts and such elements as noted above for all ground floor tenants. Upper floors shall be coordinated with ground floors through common materials and colors.

(c) 

Design emphasis should be placed on primary building entrances. They should be vertical in character, particularly when there is the need to provide contrast with a long linear building footprint, and such details as piers, columns, and framing should be utilized to reinforce verticality.

(d) 

Side and rear elevations should receive architectural treatments comparable to front facades when public access or public parking is provided next to the buildings.

(e) 

Rhythms that carry through a development complex, such as facade patterns, window spacing, entrances, canopies or awnings, etc., should be incorporated into facades when appropriate.

(3) 

Materials and texture.

(a) 

A variety of materials may be appropriate. Masonry or pre-cast concrete, which works well at the base of a building, can vary in size, color and texture, and enables the provision of a decorative pattern or band.

(b) 

The use of fabric or metal canopies is to be encouraged, especially over storefronts, at entrances or over display windows.

(c) 

Integration of large-scale graphics, where appropriate, into the facade is encouraged.

(4) 

Screening and landscaping requirements.

(a) 

Function and materials.

[1] 

Buffering shall provide a year-round visual screen in order to minimize adverse impacts from adjacent areas. It may consist of fencing, walls, evergreens, berms, mounds or combinations thereof to achieve the stated objectives as approved by the Planning Board.

[2] 

Irrigation shall be provided for all plantings in a manner appropriate for the specific plant species. A growth guarantee of two growing seasons shall be provided and all dead or dying plants shall be replaced by the applicant, as required, to maintain the integrity of the site plan. Buffer areas shall be maintained and kept free of weeds, debris and rubbish.

(b) 

General landscape design and planting requirements.

[1] 

Landscaping shall be conceived as a total integrated plan for the entire site, integrating the various elements of the site design, preserving the particular identity of the site and creating an attractive site character.

[2] 

Landscaping may include plant materials such as trees, shrubs, ground cover, perennials, annuals and other materials such as rocks, water sculpture, berms, art, walls, fences and paving materials.

[3] 

Landscaping shall be provided in public areas, adjacent to buildings, in parking areas, and around the perimeter of the site.

[4] 

Landscaping shall be provided to promote a desirable visual environment, to accentuate building design, define entranceways, screen parking and loading areas, mitigate adverse visual impacts and provide windbreaks for winter winds and summer cooling for buildings.

[5] 

The impact of any proposed landscaping plan at various time intervals shall be considered.

[6] 

Plants and other landscaping materials shall be selected in terms of aesthetic and functional considerations. The landscape design shall create visual diversity and contrast through variation in size, shape, texture and color. The selection of plants in terms of susceptibility to disease and insect damage, wind and ice damage, habitat (wet-site, drought, sun and shade tolerance), soil conditions, growth rate, longevity, root pattern, maintenance requirements, etc., shall be considered. Consideration shall be given to accenting site entrances and unique areas with special landscaping treatment. Flowerbed displays are encouraged.

[7] 

Sight triangles shall be provided and the sight distance shall be measured from the driver's seat of a standing vehicle on that portion of the exit driveway that is immediately contiguous to the traveled way with the front of the vehicle 10 feet behind the right-of-way line of the road with the height of the 3.75 feet to the top of the object 4.5 feet above the pavement. Based on an allowable speed of 25 miles per hour on the roadway, a minimum one-hundred-seventy-five-foot sight distance is required. Landscaping within sight triangles shall not exceed a mature height of 30 inches. Shade trees shall be pruned up to an eight-foot branching height above grade.

[8] 

In cases where natural features existing on site duplicate the planting requirements of this section, the landscape requirements may be waived by the Planning Board.

[9] 

The use of indigenous/native plant material is to be encouraged to establish sustainable landscapes that blend with the natural environment.

[10] 

All plant materials, planting practices and specifications shall be in accordance with the American Standards for Nursery Stock by the American Association of Nurserymen Standards.

[11] 

The design standards are minimum requirements. The Borough may request additional development features exceeding these standards if conditions warrant.

(c) 

Street trees.

[1] 

Street trees shall be required along the roadway frontage.

[2] 

Street trees shall be installed along the site's frontage, along a uniform distance from and parallel to the roadway. The spacing of street trees shall be no farther than 40 feet on center. When trees are planted at predetermined intervals along streets, spacing shall depend on tree size as follows:

	Tree Size/Type	Planting Interval (feet)
	Large trees/Group A	40
	Medium-sized trees/Group B	30
	Small trees/Group C	20

[3] 

The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements or streetlights. Tree location, landscaping design and spacing plan shall be approved by the Planning Board as part of the site plan or subdivision process.

[4] 

Street tree type. Tree type may vary depending on the overall effect desired. Depending upon the length of the frontage, more than one variety of street trees should be provided to create biodiversity and reduce the problems associated with a monoculture planting. Trees shall be planted in groupings of similar varieties. Trees of similar form, height and character along the roadway shall be used to promote uniformity and allow for a smooth visual transition between species.

[5] 

Tree selection shall be based upon on-site conditions and tree suitability to those conditions. The following Tree List shall be used as a guide for the selection of street trees:

	Category	Common Name	Botanical Name
	Group A	Green mountain sugar maple	Acer saccharum 'green mountain'
		Red maple Patmore ash	Acer rubrum 'red sunset' Fraxinus lanceolata 'pratmore'
		Skyline honey locust	Gleditsia tricanthos, inermis 'skyline'
		Greenspire linden	Ilia cordata 'greenspire'
		Northern red oak	Uercus rubra
		Green vase zelkova	Elkova serrate 'green vase'
	Group B	Pyramidal european hornbeam	Carpinus betulus 'frastigiate'
		Kwanzan cherry	Prunus serrulata 'kwanzan'
		Redspire pear	Pyrus calleryana 'redspire'
		Capital pear	Pyrus calleryana 'capital'
		Regent scholar tree	Sophora japonica 'regent'
	Group C	Newport plum	Prunus cerasifera 'newport'
		Cumulus shadblow	Amelandier 'cumulus'
		Amanogawa columnar cherry	Prunus serrulat 'amanogawa'

(d) 

Planting specifications.

[1] 

All trees shall have a minimum caliper of 2.5 to three inches measured six inches from grade in accordance with standards established by the American Association of Nurserymen. Trees shall be nursery-grown, free of disease, substantially uniform in size and shape and have straight trunks. The minimum branch height at planting shall be six feet, except where planting is on a sight triangle, in which case no branches shall be below eight feet.

[2] 

Trees shall be properly planted and firmly supported with two or three guy wires attached to stakes. Pieces of rubber hose shall be used under the wires where they are attached to the trees. Wires and stakes shall be removed by the applicant after one year.

(5) 

Lighting.

(a) 

The use of creative lighting schemes to highlight building facades and related areas of a site shall be encouraged. The use of decorative-style lanterns and similar fixtures also shall be encouraged. Exterior neon lights and lighting generating glare and unnecessary night-glow impacts shall be prohibited.

(b) 

Whenever possible, lightpoles shall be integrated into landscaped islands.

Editor's Note: Original Subsection I(6), Temporary Parking of Vehicles, was repealed 12-18-2006 by Ord. No. O-24-06.

(6) 

Tree Preservation Ordinance. The Borough's Tree Preservation Ordinance (§ 165-98) shall apply to the MB District.

(7) 

Accessory structure regulations. To enable flexible design and integration of the adjoining Rockaway River into the overall redevelopment of Block 903, Lot 2, the following regulations for accessory structures shall be applicable to the MB District.

(a) 

Portions of the site's northerly lot line adjoin the Rockaway River, and to encourage scenic overlooks and outdoor promenade areas, with seating and other amenities, there shall be no setback requirement for accessory structures from the north lot line of the site, if such accessory structures provide an on-site amenity related to recreational activity or visual enjoyment of the Rockaway River and the surrounding area.

(b) 

Accessory structures shall be permitted in the North Main Street front yard setback area, although they shall be no closer than 30 feet to the North Main Street right-of-way.

(c) 

The maximum height of such accessory structures shall be limited to 25 feet.

(d) 

Accessory structures shall be included in the calculation of building coverage and floor area ratio.

(e) 

Decks and patios connected to a principal building in this district are not subject to the setback requirements for the principal building, if the patios and decks are oriented toward the Rockaway River.