No building shall hereafter be used, erected, altered, converted,
added to, moved or reduced, wholly or in part, nor shall any land
be designated, used or physically altered for any purpose or in any
manner except in conformity with this chapter. No land area shall
be disturbed for development by any person, partnership, corporation,
municipal corporation or other public agency within this Township
unless a plan to provide for soil erosion and sedimentation control
has been approved by the United States Department of Agriculture Natural
Resources Conservation Service and all other development regulations
in this chapter have been complied with. Proof of such approval by
the United States Natural Resources Conservation Service must be presented
to the Township Engineer and Township Planner prior to commencing
any such activity.
[Amended 1-20-1993 by Ord. No. 93-008; 12-21-2011 by Ord. No.
11-043]
In the C Conservation District, the following shall apply:
B.
Accessory uses permitted:
(1)
Private residential tool or garden shed not to exceed 150 square
feet in area and 12 feet in height and located three feet from property
lines.
[Amended 5-21-2019 by Ord. No. 19-027]
(2)
Off-street parking and private garages.
(4)
Residential agriculture.
(5)
Keeping not more than two domestic animals over six months old for
individual domestic purposes or for cultivation of the soil, except
that this limitation shall not apply to an operating farm.
(6)
Amateur radio antennas and antenna support structure not to exceed
45 feet in height, unless the structure is retractable. The height
of a retractable antenna structure shall not exceed 45 feet when the
structure is not being used for the transmission and/or reception
of amateur radio signals and 65 feet when the structure is fully extended
and in use for the transmission and/or reception of amateur radio
signals.
(7)
Roof-mounted solar or photovoltaic energy-generating facility.
E.
Area and yard requirements (detached dwellings).
|
C Conservation District
| |||
|---|---|---|---|
|
Minimum requirements
| |||
|
Principal building:
| |||
|
Lot area (acres)
|
5
| ||
|
Lot frontage (feet)
|
400
| ||
|
Lot width (feet)
|
400
| ||
|
Lot depth (feet)
|
500
| ||
|
Side yard, each (feet)
|
60
| ||
|
Front yard (feet)
|
125
| ||
|
Rear yard (feet)
|
125
| ||
|
Accessory building:
| |||
|
Distance to side line (feet)
|
50
| ||
|
Distance to rear line (feet)
|
50
| ||
|
Distance to other building (feet)
|
20
| ||
|
Maximum requirements
| |||
|
Building coverage (percent)
|
5%
| ||
[Amended 1-20-1993 by Ord. No. 93-008; 1-20-1993 by Ord. No.
93-009; 11-4-2005 by Ord. No. 05-025; 6-19-2009 by Ord. No.
09-015; 12-21-2011 by Ord. No. 11-043; 6-20-2012 by Ord. No.
12-033]
A.
Purpose.
(1)
The RRC District responds to the Township's long-standing planning
objectives to conserve rural character, retain farmland for agricultural
use, and protect surface waters, woodlands and environmentally sensitive
lands. The RRC District's location beyond the sewer service area has
prevented its rapid suburbanization, distinguishing it from the remainder
of the Township and much of the region.
(2)
The RRC District is dominated by highly productive farmland soils,
that are part of a regional agricultural belt extending southward
into Burlington County and eastward into Ocean County. The State Development
and Redevelopment Plan designates nearly all of the RRC District within
the rural planning area (Planning Area 4), where agricultural retention
is the principal priority.
(3)
The RRC District also includes extensive wetlands and wooded stream
corridors, including headwater tributaries to the Crosswicks Creek
and Delaware River that affect downstream water quality. This diverse
landscape provides a variety of habitat types suitable for threatened
and endangered species, including grasslands, emergency wetlands,
upland forest, forested wetlands and bald eagle foraging habitat (along
Crosswicks Creek) within the RRC District.
(4)
The combination of highly productive farmland and sensitive natural
resource land of the RRC District make this a unique portion of the
Township. The RRC District's zone standards are designed to maximize
the retention of farmland and other natural resource lands and maintain
the ecological integrity of the area as permitted development proceeds.
B.
In the RRC Rural Resource Conservation and R-25 Single-Family Residential
Districts, the following shall apply:
(1)
Principal permitted uses on the land and in buildings.
(b)
Single-family detached dwellings.
(c)
Public recreation and community center buildings and grounds.
(d)
Public libraries.
(e)
Parks and playgrounds, but not including amusement parks or
similar uses which detract from the natural rural characteristics
of the district or are operated for profit.
(f)
Buildings used exclusively by the federal, state, county or
local municipal government for public purposes.
(g)
Harvesting of wild crops, such as berries and tree fruits.
(h)
Repair and maintenance of farm buildings and machinery located
and used on the same premises, including required workshops.
(i)
In the RRC Zone only, there may be kept not more than one saddle
horse, one cow or two goats for each 1/2 acre in the area of the parcel
of land upon which the same are kept or not more than 100 fowl for
each 1/4 acre in the area of the parcel of land upon which the same
are kept. No saddle horse, cow, goat or fowl shall be housed within
a distance of 200 feet from any property line.
(j)
Conservation areas and public purpose areas.
(k)
The keeping of not more than six domestic animals over six months
old for individual domestic purposes or for cultivation of the soil,
except that this limitation shall not apply to a farm or residential
agriculture. Any single-family detached residence located in an RRC
Zone and R-25 Zone may contain a total of six dogs or cats altogether.
[Amended 12-3-2013 by Ord. No. 13-044]
(2)
Accessory uses permitted:
(a)
Private garages.
(c)
Private greenhouses, garden houses, barns, silos, toolsheds,
tennis courts and outdoor fireplaces.
(d)
Boats and camper to be parked or stored only and located in
rear yards only. Their dimensions shall not be counted in determining
total building coverage, and they shall not be used for temporary
or permanent living quarters while situated on a lot. Boats and campers,
when stored in rear yards, are to observe side and rear yard requirements
associated with accessory buildings.
(e)
Off-street parking.
(g)
Private residential tool or garden sheds not to exceed 150 square
feet in area and 12 feet in height and located not less than three
feet from property lines.
[Amended 5-21-2019 by Ord. No. 19-027]
(h)
Signs.
(i)
Temporary sales or construction trailer(s).
1.
The trailer(s) shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
2.
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
3.
The trailer(s) shall be permitted to remain only for the period
of construction, renting or sale of the permitted use.
4.
Only one sales trailer and two construction trailers are permitted
per project.
(j)
Amateur radio antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(l)
Dog runs. Dog runs are permitted as accessory uses to residential properties subject to standards specified in § 550-312S of this chapter.
(m)
Roof-mounted solar or photovoltaic energy-generating facility.
(n)
Private residential garages shall not exceed 25 feet wide by
25 feet deep. The finishing of a garage with metal panels or siding
is prohibited.
[Added 6-19-2018 by Ord.
No. 18-020]
(3)
Other uses permitted upon application to the municipal agency for
a conditional use permit:
[Amended 6-18-2024 by Ord. No. 24-026]
(4)
Maximum building height.
(5)
Minimum off-street parking. Each individual use shall provide parking
spaces according to the following minimum provisions. Where a permitted
use of land includes different specific activities with different
specific parking requirements, the total number of required parking
spaces shall be obtained by individually computing the parking requirements
for each different activity and adding the resulting numbers together.
(7)
Area and yard requirements (detached dwellings).
|
District
| ||||
|---|---|---|---|---|
|
RRC Development Options I, II and III*
|
R-25
| |||
|
Minimum requirements
| ||||
|
Principal building:
| ||||
|
Lot area (square feet)
|
40,000
|
25,000
| ||
|
Lot frontage (feet)
|
150
|
125
| ||
|
Lot width (feet)
|
150
|
125
| ||
|
Lot depth (feet)
|
200
|
125
| ||
|
Side yard (feet)
|
30
|
20
| ||
|
Front yard (feet)
|
50
|
50
| ||
|
Rear yard (feet)
|
50
|
50
| ||
|
Accessory building:
| ||||
|
Distance to side line (feet)
|
20
|
20
| ||
|
Distance to rear line (feet)
|
20
|
25
| ||
|
Distance to other building (feet)
|
20
|
25
| ||
|
Maximum requirements
| ||||
|
Building coverage (percent)
|
12%
|
15%
| ||
|
RRC density (units/net developable acre)
|
0.167
|
N/A
| ||
|
Maximum Impervious Surface
(percent)
|
Unconstrained Land Area
(acres)
|
|---|---|
|
25%
|
Less than 1
|
|
20%
|
1 to less than 2
|
|
15%
|
2 to less than 5
|
|
12%
|
5 to less than 10
|
|
10%
|
> 10
|
|
*
|
Where properties abut limited access, major arterial, arterial
and major collector roadways, an additional 40 feet shall be added
to the minimum front setback or rear yard setback requirement. In
the case of lots whose rear yard fronts on the above roadways, a landscaped
berm of a minimum height of four feet is required and an easement
shall be granted to the Township. The easement shall include a covenant
that the owner shall be responsible for the maintenance of the easement
area.
|
(13)
Requirements for Development Option I: Lot Size Averaging in
the RRC Zone.
(a)
Purpose. The purpose of this development option is to provide
flexibility in the arrangement of residential development that will
allow for the preservation of the rural character, productive farmland
soils, woodlands and other critical habitat areas found throughout
the eastern end of the Township. It is intended that this subsection
will encourage development that minimizes negative environmental impacts
while providing creative flexibility for residential and agricultural
development. Unless otherwise stated, the standards stated below shall
supersede other standards stated in this section.
(b)
Zoning requirements.
1.
This lot-size-averaging subdivision option is available for
parcels containing a minimum of 12 contiguous acres. Development parcels
may be separated by existing roadways; however, a minimum of 12 acres
shall be provided on each side of the road.
2.
Permitted uses: Single-family detached houses, agricultural
uses and accessory uses as stated in this section.
3.
RRC density. The maximum permitted RRC density shall be 0.167
units per net developable acre. In order to calculate the maximum
permissible number of lots, the total net developable acreage shall
be multiplied by 0.167.
4.
Minimum lot size: 40,000 square feet in the RRC Zone. All lots are subject to § 550-135 of this chapter as it relates to septic system design.
5.
A lot-averaging subdivision may be permitted when the applicant
proposes a distribution of lot areas within the subdivision that results
in at least 75% of the lots having a minimum lot area between 40,000
square feet and 80,000 square feet, except in the case of a two-lot
subdivision, in which case one of the two lots shall be between 40,000
square feet and 80,000 square feet.
6.
The site design of lot-averaging subdivisions should shift the
more intensive development toward those lands that can best support
the installation of the dwelling, well, septic system and associated
site improvements. Similarly, lot averaging should seek to preserve
those areas which exhibit sensitive environmental features (i.e.,
water bodies, floodplains, steep slopes, shallow bedrock, aquifer
recharge areas, seasonal high-water table, etc.) or which contain
active or prime agricultural lands or forested areas.
7.
On tracts in areas which are predominantly active agricultural
lands or consist of prime agricultural soils or soils of statewide
importance, the preservation of agricultural lands and soils shall
take precedence. On tracts in areas which are predominantly forested
areas, the preservation of forested areas shall take precedence.
8.
All lots created under this subdivision option shall be deed-restricted
against further subdivision for the purpose of creating an additional
lot or lots.
(c)
Details required for preliminary subdivision plats. Application submissions shall comply with § 550-225 of this chapter. The applicant is advised to submit a concept plan of the lot-averaging subdivision for review and comment in accordance with the chapter.
(d)
Design standards. All lot-size-averaging subdivisions shall
be governed by the following design standards:
1.
Standards for locating new residential development.
a.
The design of the development utilizing this option shall foster
the following objectives: retention of large contiguous farmland areas;
retention of large contiguous forested areas; stream corridor and
wetlands preservation; aquifer recharge protection; steep slope protection;
overall site design; reduction of impervious coverage; traffic circulation;
and sensitivity to the site's natural features, topography and relationship
to open lands on neighboring parcels.
b.
In forested areas, the design of the development shall include
a two-hundred-foot buffer along existing roads, which shall either
maintain existing woodlands or establish new forested areas for those
areas that are disturbed during site development or are currently
cleared. The intent of this provision is to maintain the scenic roadside
views in the Township.
c.
Natural features, including woodlands, natural terrain, open
waters and scenic vistas, shall be preserved wherever possible in
designing any development containing such features, and development
should be designed to preserve views of cultural/historic landmarks.
2.
Design standards for public roads.
a.
Right-of-way width and cartway width for existing and proposed roadways on the Hamilton Township Master Plan shall comply with design standards outlined in § 550-125 of this chapter.
b.
Right-of-way width and cartway width for interior public streets shall comply with design standards for local rural roads in § 550-125 of this chapter.
c.
Minimum distance between access points on interior and noninterior
public roads: 200 feet. Access points shall include individual and
common driveways and on-site public roadways.
d.
Sidewalks shall not be required, however, a bike path shall
be required on noninterior public streets.
e.
Curbing. Curbing shall only be used where necessary to provide
for stormwater management.
f.
Roadways shall follow existing contours to minimize the extent
of cuts and fills. Landscape/design features such as hedge rows, flowering
shrubs, stone rows, and post-and-board fences are encouraged.
3.
Landscaping and lawns.
6.
Accessory buildings and structures.
7.
Existing structures.
(e)
Concept plan review. An applicant for a lot-size-averaging subdivision
shall submit a concept plan of the subdivision to the administrative
officer for review and comment.
1.
The developer shall not be required to submit any application fees for informal concept plan review; however, no professional review(s) shall be undertaken unless the developer agrees to pay for said review(s) and files the escrow fees specified for concept plan review in § 550-254.
a.
The developer shall not be bound by any plan for which concept
review is requested, and the approving authority shall not be bound
by any such review.
b.
A developer desiring to have a concept plan reviewed by the
approving authority shall so notify the administrative officer and
schedule a meeting. A plan shall be submitted at least three weeks
prior to a scheduled meeting with the administrative officer at which
the concept review is requested.
2.
Concept plan required details. The following information shall
be provided for concept plan review:
a.
A plan, at a scale of not less than one inch equals 100 feet,
clearly and legibly drawn.
b.
A key map, at a scale of not less than one inch equals 800 feet,
showing the entire development and its relation to surrounding areas.
c.
Existing structures and uses.
d.
Existing and proposed street and lot layout in conformance with
chapter bulk standards, showing that portion proposed for development
in relation to the entire tract.
e.
Area of original tract.
f.
Zoning district and North arrow.
g.
Block and lot number for the tract.
h.
Proposed method of water supply and sewage treatment.
i.
Proposed access points and roadways.
j.
Existing topography and contours based on United States Geological
Survey (USGS) data, unless more detailed data is available, illustrating
areas with slopes of 15% or greater.
k.
Natural resources and features, such as forested areas, wetlands,
major rock outcroppings, lakes, ponds, streams, drainage ditches,
impoundments and watercourses.
l.
Soil mapping and interpretations based on the United States
Department of Agriculture (USDA) Soil Survey for Mercer County.
m.
Location of flood hazard areas and floodways.
n.
Existing easements, deed restrictions and covenants.
o.
A written summary of how the concept plan provides for the arrangement
of residential development that will allow for the preservation of
the rural character, productive farmland soils, woodlands and other
critical habitat areas and minimize negative environmental impacts.
p.
Certification that the applicant is the owner of the land or
the owner's duly authorized agent or that the owner has given his
consent under an option agreement or a contract to purchase.
(14)
Requirements for Development Option II Open Lands Subdivision
in the RRC Zone.
(a)
Purpose. The purpose of this development option is to promote
the retention of large contiguous tracts of farmland, woodlands and
other natural resource features by providing flexibility in the arrangement
of residential development. It is intended that the density incentive
provided by this development option will aid the preservation of the
rural character, productive farmland soils, woodlands and other critical
habitat areas found throughout the eastern end of the Township and
minimize negative environmental impacts while providing creative flexibility
for residential and agricultural development. Unless otherwise stated,
the standards stated below shall supersede other standards stated
in this section.
(b)
Zoning requirements.
1.
This open lands subdivision option is available for parcels
containing a minimum of 12 contiguous acres. Development parcels may
be separated by existing roadway; however, a minimum of 12 acres shall
be provided on each side of the road.
2.
Permitted uses. Single-family detached houses, agricultural
uses and accessory uses as stated in this section.
3.
RRC density. The maximum permitted RRC density shall be 0.167
units per net developable acre. In order to calculate the maximum
permissible number of lots, the net developable tract acreage shall
be multiplied by 0.167.
4.
Minimum lot size: 40,000 square feet in the RRC Zone. All lots are subject to § 550-135 of this chapter as it relates to septic system design.
5.
The site design of open lands subdivisions should shift the
more intensive development toward those lands that can best support
the installation of the dwelling, well, septic system and associated
site improvements. Open lands subdivisions should seek to preserve
those areas which exhibit sensitive environmental features (i.e.,
water bodies, floodplains, steep slopes, shallow bedrock, aquifer
recharge areas, seasonal high-water table, etc.) or which contain
active or prime agricultural lands or forested areas.
6.
At least 75% of a tract proposed for open lands subdivision
in the RRC District shall be designated as "open lands" and shall,
as a condition of approval of the development, be deed-restricted
for agricultural or conservation use. Lots qualifying as open lands
shall be permitted a primary residence and other accessory buildings
and uses as provided in this chapter.
7.
At least 60% of designated open lands shall be some combination
of unconstrained land area, or prime soils or soils of statewide importance,
or forested area. On tracts in areas which are predominantly active
agricultural lands or consist of prime agricultural soils or soils
of statewide importance, the preservation of agricultural lands and
soils shall take precedence. On tracts in areas which are predominantly
forested areas, the preservation of forested areas shall take precedence.
8.
For tracts of 100 acres or less, the open lands shall be contained
in one deed-restricted contiguous parcel; for tracts greater than
100 acres, the open lands may be composed of noncontiguous parcels,
provided that each open lands area shall contain at least 50 contiguous
acres. When noncontiguous open lands parcels of at least 50 acres
are provided, each parcel may have a residence, provided that the
total permitted density is not exceeded.
9.
All lots created under this subdivision option shall be deed-restricted
against further subdivision for the purpose of creating an additional
lot or lots.
(c)
Details required for preliminary subdivision plats. Application submissions shall comply with § 550-225 of this chapter.
(15)
Requirements for Development Option III Conservation Subdivision
in the RRC Zone.
(a)
Purpose. The purpose of this development option is to promote
the permanent preservation of large contiguous tracts of farmland,
woodlands, wetlands, floodplains, stream corridors and other natural
resource features by providing flexibility in the arrangement of residential
development around preserved open space. It is intended that this
development option will aid the preservation of the rural character,
productive farmland soils, woodlands and other critical habitat areas
found throughout the eastern portion of the Township and minimize
negative environmental impacts while providing reactive flexibility
for residential and agricultural development. Unless otherwise stated,
the standards stated below shall supersede other standards stated
in this section.
(b)
Zoning requirements.
1.
This conservation cluster subdivision option is available for
tracts or parcels containing a minimum of 25 contiguous acres, and
development parcels may be separated by existing roadways.
2.
Permitted uses: single-family houses, agricultural uses and
accessory uses as stated in this section.
3.
RRC density. The maximum RRC density shall be 0.167 units per
net developable acre, plus one bonus dwelling unit in return for permanent
open space dedication. In order to calculate the maximum permissible
number of lots, the net developable acreage shall be multiplied by
0.167, to which one additional unit shall be added.
4.
Minimum lot size: 40,000 square feet in the RRC District. All lots are subject to § 550-135 of this chapter as it relates to septic system design.
5.
The site design of conservation cluster subdivisions should
locate home sites on lands that can best support the installation
of the dwelling, well, septic system and associated site improvements,
and preserve those areas which exhibit sensitive environmental features
(i.e., water bodies, floodplains, steep slopes, shallow bedrock, aquifer
recharge areas, seasonal high-water table, etc.) or which contain
active or prime agricultural lands or forested areas.
6.
At least 65% of a tract proposed for conservation cluster subdivision
in the RRC District shall be designated as open space and shall, as
a condition of approval of the development, be deed-restricted exclusively
for recreational and/or agricultural and/or conservation use or conveyed
to the Township as open space.
7.
All lots created under this subdivision option shall be deed-restricted
against further subdivision for the purpose of creating an additional
lot or lots.
8.
When a development plan incorporates open space, the applicant
may, if both the applicant and the Township agree, deed the open space
to the Township. If the development plan incorporates multiple ownership
such as a cooperative or condominium, any open space not deeded to
the Township shall be owned and maintained by an association.
9.
Passive open space should be left in its natural state, augmented
for erosion control and aesthetic value by landscaping. Particular
effort should be made to reduce future maintenance requirements. Improvements
should be limited to pedestrian and bicycle circulation, hiking trails,
picnic areas and similar uses.
10.
Area reserved as permanent open space shall have a minimum contiguous
area of not less than five acres, and no portion thereof shall be
less than 50 feet in width. At least 50% of the open space shall be
uplands. The open space area(s) shall be contiguous to open space
on adjoining parcels, where applicable, and shall include areas identified
in the Township's Open Space and Recreation Plan, including greenways.
11.
The open space shall be reserved in perpetuity either by dedication
for public use or for use by the residents of the development by private
covenant or deed restriction for one of the following purposes:
12.
Provision shall be made to ensure suitable maintenance of any
area to be reserved by private covenant or deed restriction by the
establishment of a property owners' association or other appropriate
organization.
(c)
Details required for preliminary plats. Application submissions shall comply with § 550-225 of this chapter.
[Amended 1-20-1993 by Ord. No. 93-008; 4-20-2006 by Ord. No.
06-014; 12-21-2011 by Ord. No. 11-043]
In the R-15 Single-Family Residential, R-10 Single-Family Residential,
R-7 Single-Family Residential and R-5 Single-Family Residential Districts
the following shall apply:
A.
Principal permitted uses on the land and in buildings.
(1)
Detached single-family dwelling units.
(2)
Public playgrounds, conservation areas and public purpose uses.
(3)
Public recreational and community center buildings and grounds.
(4)
Public libraries.
(5)
Parks and playgrounds, but not including amusement parks or similar
uses which detract from the natural rural characteristics of the district
or are operated for profit.
(6)
Buildings used exclusively by the federal, state, county or local
municipal government.
(7)
Horticultural use, including nursery or greenhouse, provided that
no greenhouse heating plant shall be permitted within 100 feet of
any lot line.
(8)
Harvesting of wild crops, such as berries and tree fruits.
(9)
Repair and maintenance of farm buildings and machinery located and
used on the same premises, including required workshops.
B.
Accessory uses permitted:
(2)
Private residential tool or garden sheds not to exceed 150 square
feet in area and 12 feet in height and located three feet from property
lines.
[Amended 5-21-2019 by Ord. No. 19-027]
(3)
Boats on trailer and campers, to be parked or stored only and located
in rear yards only. Their dimensions shall not be counted in determining
total building coverage, and they shall not be used for temporary
or permanent living quarters while situated on a lot. Boats and campers,
when stored in rear yards, are to observe side and rear yard requirements
associated with accessory buildings.
(4)
Off-street parking and private garages.
(6)
Signs.
(7)
Residential agriculture (R-15 Zone only).
(8)
Private greenhouses, garden houses, and outdoor fireplaces.
[Amended 6-18-2024 by Ord. No. 24-026[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
B(9), Barns and silos, which immediately followed this subsection,
and redesignated former Subsection B(10) through B(17) as Subsection
B(9) through (16).
(9)
Keeping of not more than four dogs or four cats over six months old
for individual domestic purposes in any single-family detached residence.
Any single-family detached residence may contain only a total of four
dogs or cats altogether, except for homes in the R-5 Residential District
where all residences may contain only a total of two dogs or cats
altogether, except that a litter or portion thereof may be kept for
a period of six months.
[Amended 12-3-2013 by Ord. No. 13-044]
(a)
The above limitation shall not apply to an operating farm nor to
residents of a single-family detached dwelling who are members of
a bona fide active 501(c)(3) nonprofit animal rescue organization
that fosters dogs and/or cats on a temporary basis. However, there
shall be a limit of six fostered dogs or cats over the age of six
months, or a combination of six altogether, except that a litter or
portion thereof may be kept for a period of no more than six months.
The number of foster dogs and/or cats is over and above the allowable
limit for individual domestic purposes.
(10)
Temporary sales or construction trailer(s).
(a)
The trailer(s) shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
(b)
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c)
The trailer(s) shall be permitted to remain only for the period
of construction, renting or sale of the permitted use.
(d)
Only one sales trailer and two construction trailers are permitted
per project.
(11)
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137
(13)
Dog runs. Dog runs are permitted as accessory uses to residential properties, subject to standards specified in § 550-312S of this chapter.
(14)
Roof-mounted solar or photovoltaic energy-generating facility.
(15)
Private residential garages shall not exceed 25 feet wide by
25 feet deep. The finishing of a garage with metal panels or siding
is prohibited.
[Added 6-19-2018 by Ord.
No. 18-020]
C.
Other uses permitted upon application to the municipal agency for
a conditional use permit:
[Amended 6-18-2024 by Ord. No. 24-026]
(1)
Hospitals, medical institutions, philanthropic or eleemosynary uses,
provided that plans for such facilities have met all requirements
of state and Township health regulations, but not including correctional
institutions or hospitals exclusively for the isolation of contagious
diseases or for the insane.
(2)
Nursing homes.
(3)
Churches and other places of worship, Sunday school buildings, rectories
and parish houses.
(4)
Public utility installations.
(5)
Senior citizen housing subsidized by the federal and/or state government
shall be permitted as a conditional use in the R-15 and R-10 Zones
only.
(6)
The conversion of single-family and/or multifamily dwellings into offices and/or the construction of new office buildings only along highways specified in § 550-161I of this chapter.
(7)
Home occupations.
E.
Area and yard requirements (detached dwellings).
|
District
| ||||||
|---|---|---|---|---|---|---|
|
R-15
|
R-10
|
R-7
|
R-5
| |||
|
Minimum requirements
| ||||||
|
Principal building:
| ||||||
|
Lot area (square feet)
|
15,000
|
10,000
|
7,000
|
5,000
| ||
|
Lot frontage (feet)
|
100
|
80
|
70
|
50
| ||
|
Lot width (feet)
|
100
|
80
|
70
|
50
| ||
|
Lot depth (feet)
|
120
|
100
|
90
|
90
| ||
|
Side yard, each (feet)
|
15
|
10
|
10
|
5
| ||
|
Front yard (feet)
|
40
|
30
|
25
|
20
| ||
|
Rear yard (feet)
|
40
|
30
|
25
|
25
| ||
|
Accessory building:
| ||||||
|
Distance to side line (feet)
|
15
|
10
|
6
|
5
| ||
|
Distance to rear line (feet)
|
20
|
10
|
6
|
5
| ||
|
Distance to other building (feet)
|
20
|
20
|
10
|
10
| ||
|
Maximum requirements
| ||||||
|
Building coverage (percent)
|
20%
|
20%
|
25%
|
30%
| ||
F.
Minimum off-street parking. Each individual use shall provide parking
spaces according to the following minimum provisions. Where a permitted
use of land includes different specific activities with different
specific parking requirements, the total number of required parking
spaces shall be obtained by individually computing the parking requirements
for each different activity and adding the resulting numbers together.
H.
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
[Amended 1-20-1993, by Ord. No. 93-008; 1-3-1996 by Ord. No.
96-008; 12-21-2011 by Ord. No. 11-043]
In the A/T Multiple-Family Residential District, the following
shall apply:
A.
Principal permitted uses on the land and in buildings.
B.
Accessory uses permitted:
(2)
Off-street parking and private garages.
(4)
Signs.
(5)
One office, to be located within an apartment or townhouse unit,
to provide facilities for management of an apartment or townhouse
complex.
(6)
Temporary sales or construction trailers.
(a)
The trailer shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
(b)
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c)
The trailer(s) shall be permitted to remain only for the period
of construction, renting or sale of the permitted use.
(d)
Only one sales trailer and two construction trailers are permitted
per project.
(7)
Amateur radio antennas and antenna support structure not to exceed
45 feet in height, unless the structure is retractable. The height
of a retractable antenna structure shall not exceed 45 feet when the
structure is not being used for the transmission and/or reception
of amateur radio signals and 65 feet when the structure is fully extended
and in use for the transmission and/or reception of amateur radio
signals.
(8)
Keeping of not more than two domestic animals over six months old
for individual domestic purposes.
(9)
Roof-mounted solar or photovoltaic energy-generating facility.
E.
Area and yard requirements.
(1)
Minimum tract size and frontage. The minimum tract size shall be
10 acres. A minimum of 300 feet of frontage on one arterial or collector
street shall be required. All plans shall delineate the boundaries
of the portion(s) of the tract devoted to each use.
(2)
Recreation areas and facilities. Land area equal to at least 560
square feet for each dwelling shall be specified on the site plan
and improved by the developer as active recreation areas for use by
the residents of the development. Such areas shall be an integral
part of the development, and each shall be at least 1/2 acre and at
least 100 feet wide and have a grade of less than 5%. Recreational
facilities shall include residential swimming pool(s) and regulation
doubles tennis court(s), tot-lots and playgrounds. The municipal agency
may permit other recreational facilities to be constructed in lieu
of and as alternative equivalents of the aforesaid pool and tennis
facilities, provided that they would seem to be appropriate substitutes
thereof.
(4)
Front yard. The minimum front yard along a primary or secondary road
on which the lot abuts shall be 50 feet. The minimum front yard along
all other streets, whether public or private, shall be 30 feet.
(5)
Side yard. The minimum width of a side yard shall not be less than
25 feet unless the side yard abuts a single-family residential use
or district line. In such cases the side yard requirement shall be
increased to 75 feet and shall include a landscaped buffer area of
at least 25 feet in width, in accordance with buffer standards in
this chapter.
(6)
Rear yard. The minimum width of a rear yard shall not be less than
50 feet unless the rear yard abuts a single-family residential use
or district line. In such cases the rear yard requirement shall be
increased to 75 feet and shall include a landscaped buffer area of
at least 25 feet in width in accordance with buffer standards in this
chapter.
(7)
Minimum yard areas. Minimum yard areas shall be measured horizontally
in feet and shall be measured away from the front, side and rear of
each building. The total minimum distance between buildings shall
be the sum of two abutting yard areas. No building, as measured radially
from any corners, shall be closer to any other building corner than
the combined distances of the side yard requirements for each building.
The combined distance of two side yards shall exclude any driveway
or vehicular access, such driveway or vehicular access width being
in addition to the combined side yard width.
(8)
Maximum lot coverage. Maximum lot coverage shall be 20%.
(9)
Streets. The minimum right-of-way for any street, road or thoroughfare,
whether public or private, shall be 56 feet.
(10)
Garages.
(a)
If garages are provided, they shall have a floor area of not
less than 240 square feet.
(b)
No garage or other accessory building shall be placed closer
to a side or rear property line than 50 feet when abutting a residential
district or another apartment project; in all other cases, this distance
may be reduced to 25 feet.
(c)
Each group of attached garages shall have a joint capacity of
not more than 10 vehicles arranged in a row, and there shall be a
minimum distance of 12 feet between such structures.
(d)
Garages and other accessory buildings shall be no more than
one story in height. The architectural design and materials used in
the construction thereof shall conform to the design and building
materials used in the construction of the apartment buildings. No
part of any garage or other accessory building shall be used for living
purposes.
F.
Density. No development shall exceed 10 dwelling units per acre.
[Amended 1-20-1993 by Ord. No. 93-008; 4-14-1997 by Ord. No.
97-012; 12-4-2002 by Ord. No. 02-037; 12-21-2011 by Ord. No.
11-043]
In the NC Neighborhood Commercial District, the following shall
apply:
A.
Purpose. A Neighborhood Commercial Zone is established as a business
district adjacent to residence districts in which such uses are permitted
as are normally required for the daily local business and/or convenience
needs of the residents of the immediately surrounding residential
areas.
B.
Principal permitted uses on the land and in buildings. [Note: Convenience stores are permitted in the HC Highway Commercial and GC General Commercial Zones only; see § 550-78B(55).]
(1)
Confectionery, luncheonettes and delicatessens.
(2)
Stationery and tobacco.
(3)
Hardware, paints and wallpaper.
(4)
Bakery.
(5)
Periodicals and newspapers.
(6)
Barber and beauty shops.
(7)
Tailoring and dressmaking.
(8)
Bakery goods store.
(9)
Book or gift store.
(10)
Candy store and/or fountain.
(11)
Clothes cleaning store with two or less trucks associated with
it.
(12)
Clothing (new) and dry goods store.
(13)
Drugstore.
(14)
Package liquor store.
(15)
Ice cream store.
(16)
Interior decorating business.
(17)
Jewelry store.
(18)
Self-cleaning laundry.
(19)
Notion and variety store.
(20)
Repair or service shops for household or personal goods.
(21)
Shoe repair shop.
(22)
Prepared foods: take-out and delivery only, with no seating.
(23)
Combinations of two or more of the above-permitted uses in one
principal building.
(24)
Photography studio, photo supplies, artist's studio.
(25)
Antique store.
(26)
Art gallery.
(27)
Sporting goods store.
(28)
All existing residences as of the date of the adoption of this
chapter. For purposes of evaluating proposed additions or expansions,
bulk and yard requirements of those residential zone districts which
most closely resemble the size of the lot in question will be utilized.
(30)
Video store.
(31)
Adult day care.
[Added 9-16-2014 by Ord.
No. 14-063]
C.
Accessory uses permitted:
(1)
Off-street parking.
(3)
Signs.
(4)
Garages, storage buildings and toolsheds.
(5)
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(6)
Roof-mounted solar or photovoltaic energy-generating facility.
E.
Maximum building height. No building shall exceed 35 feet in height.
F.
Area and yard requirements.
|
NC Neighborhood Commercial District
| |||
|---|---|---|---|
|
Minimum requirements
| |||
|
Principal building:
| |||
|
Lot area (square feet)
|
5,000
| ||
|
Lot frontage (feet)
|
50
| ||
|
Lot width (feet)
|
50
| ||
|
Lot depth (feet)
|
75
| ||
|
Side yard, each (feet)
|
5
| ||
|
Front yard (feet)
|
25
| ||
|
Rear yard (feet)
|
10
| ||
|
Accessory building:
| |||
|
Distance to side line (feet)
|
5
| ||
|
Maximum requirements
| |||
|
Distance to rear line (feet)
|
10
| ||
|
Distance to other building (feet)
|
10
| ||
|
Floor area ratio
|
0.15
| ||
|
Maximum impervious surface coverage (percent)
|
60%
| ||
G.
General requirements.
(1)
Any principal building may contain more than one use and/or organization,
provided that the total building coverage of the combined activities
does not exceed the maximum building coverage specified for the district
and, further, that each activity occupies a minimum gross floor area
of 750 square feet.
(2)
At least the first 10 feet adjacent to any street line and five feet
adjacent to any lot line shall not be used for parking and shall be
planted and maintained in lawn area or ground cover or landscaped
with evergreen shrubbery.
(3)
A minimum buffer area of 10 feet in width shall be provided along any common property line with a residential district. [See §§ 550-119G(7) and 550-130B.]
K.
Development credit adjustments for environmentally constrained areas. See § 550-84K of this chapter for standards.
L.
Architectural design standards. For architectural design standards, see § 550-112 of this chapter.
[Amended 1-20-1993 by Ord. No. 93-008; 4-14-1997 by Ord. No.
97-012; 12-4-2002 by Ord. No. 02-037; 12-21-2011 by Ord. No.
11-043]
In a CC Community Commercial District, the following shall apply:
A.
Purpose. The CC areas, as the name implies, will serve a larger residential
population. As such, the areas are almost entirely developed and are
located to take advantage of relatively good accessibility from the
developed concentrations within the Township.
B.
Principal permitted uses on the land and in buildings. [Note: Convenience stores are permitted in the HC Highway Commercial and GC General Commercial Zones only; see § 550-78B(55).]
(1)
All uses permitted in the NC Neighborhood Commercial Zone, subject
to the requirements of the CC Community Commercial Zone.
(2)
Restaurants, bars and taverns.
(3)
Banks, including drive-in facilities.
(4)
Dancing studio.
(5)
Florist.
(6)
Household appliance store.
(7)
Stereo, radio, television, computer and telecommunications stores.
(8)
Offices, business and professional.
(9)
Funeral homes and mortuaries.
(10)
Auto parts store.
(11)
Combination of two or more permitted uses in one principal building.
(12)
All existing residences as of the date of the adoption of this
chapter. For purposes of evaluating proposed additions or expansions,
bulk and yard requirements of those residential zone districts which
most closely resemble the size of the lot in question will be utilized.
(13)
Music conservatories or music instructions.
(14)
Bicycle sales, rental or repair.
(15)
Parcel package shipping store or mailing center.
C.
Accessory uses permitted:
(1)
Off-street parking.
(3)
Signs.
(4)
Garages, storage buildings and toolsheds.
(5)
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(6)
Temporary sales or construction trailer(s).
(a)
The trailer(s) shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
(b)
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c)
The trailer(s) shall be permitted to remain only for the period
of construction, renting or sale of the permitted use.
(d)
Only one sales trailer and two construction trailers are permitted
per project.
(7)
Roof-mounted solar or photovoltaic energy-generating facility.
D.
Other uses permitted upon application for a conditional use permit.
E.
Maximum building height. No building shall exceed 35 feet in height.
F.
Area and yard requirements.
|
CC Community Commercial District
| |||
|---|---|---|---|
|
Minimum requirements
| |||
|
Principal building:
| |||
|
Lot area (square feet)
|
7,500
| ||
|
Lot frontage (feet)
|
60
| ||
|
Lot width (feet)
|
60
| ||
|
Lot depth (feet)
|
90
| ||
|
Side yard, each (feet)
|
10
| ||
|
Front yard (feet)*
|
30
| ||
|
Rear yard (feet)
|
15
| ||
|
Accessory building:
| |||
|
Distance to side line (feet)
|
10
| ||
|
Distance to rear line (feet)
|
10
| ||
|
Distance to other building (feet)
|
10
| ||
|
Maximum requirements
| |||
|
Floor area ratio
|
0.18
| ||
|
Maximum impervious surface coverage (percent)
|
60%
| ||
|
*
|
NOTE: Front yard setbacks may be reduced to 20 feet where parking
is provided in the rear or side yards and the property is located
on a major arterial, arterial or major collector roadway.
|
G.
General requirements.
(1)
Any principal building may contain more than one use and/or organization,
provided that the total building coverage of the combined activities
does not exceed the maximum building coverage specified for the district
and, further, that each activity occupies a minimum gross floor area
of 750 square feet except as noted.
(2)
At least the first 10 feet adjacent to any street line and five feet
adjacent to any lot line shall not be used for parking and shall be
planted and maintained in lawn area or ground cover or landscaped
with evergreen shrubbery.
(3)
A minimum buffer area of 10 feet in width shall be provided along any common property line with a residential district. [See §§ 550-119G(7) and 550-130B.]
(4)
No entrance or exit, at the curbline only, shall be closer than 12
feet to a side lot line.
K.
Development credit adjustments for environmentally constrained areas. See § 550-84K of this chapter for standards.
L.
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
[Amended 1-20-1993 by Ord. No. 93-008; 1-3-1996 by Ord. No.
96-008; 4-14-1997 by Ord. No. 97-012; 9-16-1998 by Ord. No.
98-034; 12-21-2011 by Ord. No. 11-043]
In the HC Highway Commercial and GC General Commercial Districts,
the following shall apply:
A.
Purpose.
(1)
HC Highway Commercial Zones are intended to provide locations in the Township where highway-oriented businesses servicing the needs of highway users and encompassing a broader service area than GC Zones may be located. No parcel of land shall be considered in the Highway Commercial Zone unless said parcel abuts the major arteries listed in § 550-44A of this chapter.
(2)
The GC areas are intended to allow a wide spectrum of commercial
activities not necessarily associated with highway access and the
traveling public.
B.
Principal permitted uses on the land and in the buildings.
(1)
All uses permitted in the NC Neighborhood Commercial and the CC Community
Commercial Zones, subject to the requirements of the HC Highway Commercial
Zone or the GC General Commercial Zone.
(2)
Restaurants, bars, taverns and nightclubs.
(3)
Department stores.
(4)
Garden centers engaged in the retail sales of living plant material
and related garden equipment. Outside storage, sale or display areas
shall not exceed four times the building coverage and shall be used
only for the storage, sale and display of living plant material with
proper screening.
(5)
Bowling alleys.
(6)
Supermarkets.
(7)
Manufacturing plants, in the GC District only, of a type which carry
on processes within completely enclosed buildings, including the manufacture,
assembly or treatment of products from previously prepared materials.
(8)
Wholesale distribution centers and warehouses, in the GC District
only.
(9)
Automobile repair shop, provided that all operations are conducted
within a completely enclosed building.
(10)
Automobile upholstery shop.
(11)
Automobile parking lot for private passenger vehicles but not
for storage of vehicles for sale.
(12)
Awning or canvas store.
(13)
Beverages, retail or wholesale distribution of.
(14)
Bicycle sales, rental or repair.
(15)
Blueprinting establishment.
(16)
Buildings used exclusively by the federal, state, county or
local municipal government for public purposes.
(17)
Building material sales establishment, with outdoor storage
to be screened.
(18)
Business college.
(19)
Business uses oriented to marine activities, such as the sale
and rental of boats and boat engines, boating supplies and fishing
supplies, with outdoor storage to be screened.
(20)
Cabinet and woodworking shop.
(21)
Catering establishment.
(22)
Contractor's storage, if confined entirely to a completely enclosed
building, in the GC Zone only.
(23)
Equipment rental and sales yard, with proper screening.
(24)
Electrical shop or contractor.
(25)
Exhibition building.
(26)
Frozen food locker.
(27)
Furniture and furnishings, sale of.
(28)
Hospital for small animals (dogs, cats and the like), including
kennel, provided that yards are enclosed.
(29)
Laboratory servicing medical and dental requirements.
(30)
Lumberyard, retail.
(31)
Museum.
(32)
Office furniture, appliances and supply business.
(33)
Pet shop, not involving the treatment or boarding of cats and
dogs.
(34)
Plumbing and heating shop or contractor with indoor storage.
(35)
Printing, lithography, publishing and photostating establishments.
(36)
Recreation area, public.
(37)
Sheet metal shop or contractor, in the GC District only.
(38)
Sign shop.
(39)
Stone or monument works, with proper screening.
(40)
Taxidermist.
(41)
Theater, not including drive-in or open air, and not to be located
in combination with a book or magazine store and not to be located
within 1,000 feet of any such store.
(42)
Trade school.
(43)
Wholesale stores and distributors in a completely enclosed building
not involving the processing or treatment of goods or products.
(44)
Tool and die shop, in the GC District only.
(45)
Combinations of two or more of the permitted uses.
(46)
All existing residences as of the date of the adoption of this
chapter. For purposes of evaluating proposed additions or expansions,
bulk and yard requirements of those residential zone districts which
most closely resemble the size of the lot in question will be utilized.
(47)
Indoor recreation uses.
(48)
Health clubs.
(49)
Miniature golf.
(50)
Limousine services, in GC Zone only.
(51)
Small truck rentals exclusive of flatbeds, tractor-trailers
or similar size trucks in GC Zone only.
(52)
Billiard hall.
(53)
Taxicab and bus companies with associated vehicle storage yards
(yards to be properly screened), in the GC Zone only.
(54)
Automobile rentals.
(55)
Convenience stores.
(56)
Shopping centers.
[Added 6-17-2014 by Ord.
No. 14-022]
(57)
Massage, bodywork and somatic therapy establishments subject to the provisions of Chapter 296, Massage and/or Somatic Establishments, but only in the HC Highway Commercial Zone.
[Added 10-20-2016 by Ord.
No. 16-053]
(58)
Brewpub, in HC Zone only.
[Added 11-21-2017 by Ord.
No. 17-041]
(59)
Craft brewery and craft distillery, in HC Zone only.
[Added 10-5-2021 by Ord. No. 21-054]
C.
Accessory uses permitted:
(1)
Off-street parking.
(3)
Signs.
(4)
Garages, storage buildings and toolsheds.
(5)
Temporary sales or construction trailer(s).
(a)
The trailer(s) shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
(b)
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c)
The trailer(s) shall be permitted to remain only for the period
of construction, renting or sale of the permitted use.
(d)
Only one sales trailer and two construction trailers are permitted
per project.
(6)
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(7)
Roof-mounted solar or photovoltaic energy-generating facility.
E.
Maximum building height. No building shall exceed 35 feet in height.
F.
Area and yard requirements.
|
HC Highway Commercial and GC General Commercial Districts
| ||||
|---|---|---|---|---|
|
Individual Uses
|
Shopping Center
| |||
|
Minimum requirements
| ||||
|
Principal building:*
| ||||
|
Lot area (square feet or acres)
|
20,000
|
8
| ||
|
Lot frontage (feet)
|
125
|
400
| ||
|
Lot width (feet)
|
125
|
400
| ||
|
Lot depth (feet)
|
150
|
400
| ||
|
Side yard, each (feet)
|
20
|
100
| ||
|
Front yard (feet)
|
60
|
100
| ||
|
Rear yard (feet)
|
40
|
100
| ||
|
Accessory building:
| ||||
|
Distance to side line (feet)
|
10
|
100
| ||
|
Distance to rear line (feet)
|
10
|
100
| ||
|
Distance to other building (feet)
|
10
|
*
| ||
|
Maximum requirements
| ||||
|
Floor area ratio
|
0.20
|
0.20
| ||
|
Maximum impervious surface coverage (percent)
|
60%
|
60%
| ||
|
*
|
NOTE: All principal buildings shall be separated by a minimum
of 25 feet, provided that such separation is to be used solely for
pedestrian circulation. All principal buildings shall be separated
by a minimum of 50 feet when any part of such separation is to be
used for parking or vehicular circulation. However, the separation
requirements should not be construed to prohibit covered pedestrian
walkways when the roof or covering of such walkway extends between
the principal buildings. In addition, the separation requirements
should not be construed to prohibit enclosed shopping centers or mall
development.
|
G.
General requirements.
(1)
Any principal building may contain more than one use and/or organization,
provided that the total building coverage of the combined activities
does not exceed the maximum building coverage specified for the district
and, further, that each activity occupies a minimum gross floor area.
(2)
No merchandise, products, equipment or similar material or objects
shall be displayed or stored outside, except that uses in the GC District
may have an outside storage area for vehicles, provided that such
outside storage area does not exceed 20% of the lot area and is located
in the rear yard only. The area shall be enclosed entirely by a fence,
wall, plant material or combination thereof in order to provide a
visual barrier between the storage areas and any street, residential
zoning district or existing residential use.
(3)
A minimum buffer area of 20 feet in width shall be provided along
any common property line with a residential district or residential
use.
(4)
Along each street line, a thirty-foot-wide suitably landscaped strip
shall be provided in conjunction with shopping center development.
In addition, paved parking areas shall provide landscaped planting
strips, particularly at the ends of parking rows. Said ends of parking
areas shall be surrounded by concrete curb or Belgian block curb and
shall be of a size sufficient to contain a two-and-one-half-inch-caliper
shade tree, which shall be required in each planting strip.
(5)
Entrances and exits upon a public street or road shall not be located
within 80 feet of any street intersection, the distance to be measured
from the intersection of the right-of-way lines at the corner affected
and the closest point of such proposed driveway. No entrance or exit
at the curbline shall be closer than 12 feet to a side lot line.
(6)
At least the first 10 feet adjacent to any street line and five feet
adjacent to any lot line shall not be used for parking and shall be
planted in lawn area or ground cover or landscaped with evergreen
shrubbery.
H.
Minimum off-street loading.
K.
Development credit adjustments for environmentally constrained areas. See § 550-84K of this chapter for standards.
L.
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
[Amended 1-20-1993 by Ord. No. 93-008; 8-18-1993 by Ord. No.
93-039; 1-3-1996 by Ord. No. 96-008; 12-4-2002 by Ord. No.
02-037; 12-21-2011 by Ord. No. 11-043]
In the GSC Government Service Center District, the following
shall apply:
A.
Purpose. The GSC government service center area has been designated
in recognition of both the existing Township facilities located within
the area and the excellence of the land area for the future location
of additional government service facilities. The parcel is located
in the central portion of the Township and enjoys excellent road accessibility.
B.
Principal permitted uses on the land and in buildings. [Note: Convenience stores are permitted in the HC Highway Commercial and GC General Commercial Zones only; see § 550-78B(55).]
(1)
All forms of Township land uses, including but not limited to public
playgrounds, conservation areas, parks, public purpose uses and publicly
owned/privately maintained and operated recreation facilities.
(2)
Banks.
(3)
Offices and office buildings, business and professional.
(4)
Radio or television broadcasting station, including studios, auditoriums
and other rooms for performances and including office and other space
incident to and necessary for the principal use, exclusive of broadcasting
towers and antennas.
(5)
Theater, not including a drive-in theater.
(6)
Museums, exhibition halls, art galleries, libraries, music conservatories
or instruction, art, photographic and dance studios, and other cultural
facilities of a similar nature.
(7)
Restaurants and bars as accessory uses to restaurants.
(8)
Indoor tennis, racquetball, squash and handball courts.
(9)
Combinations of the above uses.
(10)
All existing residences as of the date of the adoption of this
chapter. For purposes of evaluating proposed additions or expansions,
bulk and yard requirements of those residential zone districts which
most closely resemble the size of the lot in question will be utilized.
(11)
[1]
Editor's Note: Former Subsection B(12), regarding Lots 35,
36, 37, 15, and 18.01 of Section 499, which immediately followed this
subsection, was repealed 6-18-2024 by Ord. No. 24-026. This ordinance also
redesignated former Subsection B(13) as Subsection B(12).
(12)
All uses permitted within the Neighborhood Commercial, Community Commercial, and Highway Commercial Zone Districts, with the exception of the following: §§ 550-77B(9) and (10); 550-78B(4), (5), (9), (10), (11), (13), (14), (17), (19), (21), (22), (24), (25), (26), (28), (30), (31), (33), (36), (39), (40), (45), (46), (47), (50), (51).
C.
Accessory uses permitted:
(1)
Off-street parking.
(3)
Signs.
(4)
Temporary sales or construction trailer(s).
(a)
The trailer(s) shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
(b)
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c)
The trailer(s) shall be permitted to remain only for the period
of construction, renting or sale of the permitted use.
(d)
Only one sales trailer and two construction trailers are permitted
per project.
(5)
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(6)
Roof-mounted solar or photovoltaic energy-generating facility.
D.
Other uses permitted upon application to the municipal agency for
a conditional use permit:
E.
Maximum building height. No building shall exceed 70 feet and six
stories in height.
F.
Area and yard requirements (non-Township uses).
|
GSC Government Service Center District
| |||
|---|---|---|---|
|
Minimum requirements
| |||
|
Principal building:
| |||
|
Lot area (square feet)
|
120,000
| ||
|
Lot frontage (feet)
|
300
| ||
|
Lot width (feet)
|
300
| ||
|
Lot depth (feet)
|
300
| ||
|
Side yard, each (feet)
|
75
| ||
|
Front yard (feet)
|
100
| ||
|
Rear yard (feet)
|
75
| ||
|
Accessory building:
| |||
|
Distance to side line (feet)
|
50
| ||
|
Distance to rear line (feet)
|
50
| ||
|
Distance to other building (feet)
|
50
| ||
|
Maximum requirements
| |||
|
Floor area ratio
|
0.15
| ||
|
Maximum impervious surface coverage (percent)
|
50%
| ||
G.
General requirements.
(1)
Any principal building may contain more than one use or organization.
More than one principal building may be constructed on any lot, provided
that all chapter requirements are met and that a minimum distance
of 50 feet is provided between the principal buildings.
(2)
At least the first 50 feet adjacent to any street line and 50 feet
adjacent to any lot line shall not be used for parking and shall be
planted and maintained in lawn area or ground cover or landscaped
with evergreen shrubbery. Any parking proposed within the front yard
shall be screened by a landscaped berm of at least four feet in height
having a slope of two to one or three to one.
(3)
Land area equal to a minimum of 10% of the tract of land proposed
for development shall be set aside for conservation, open space, floodplain,
community facility, school site, recreation and park areas. Such land
shall be optimally related to the overall municipal complex plan.
Land to be devoted to public purposes may be offered to the Township
or may be privately owned and maintained. Any lands intended to be
offered to the Township for a public purpose shall be so stipulated
prior to preliminary approval.
(4)
A minimum buffer area of 50 feet in width shall be provided along any common property line with a residential district or residential use. [See §§ 550-119G(7) and 550-130B.]
(5)
Entrances and exits. Entrances and exits upon a public street or
road shall not be located within 100 feet of any street intersection,
the distance to be measured from the intersection of the right-of-way
lines at the corner affected and the closest point of such proposed
driveway. No entrance or exit, at the curbline only, shall be closer
than 12 feet from a side lot line. Entrance and exit sizes, location
and construction shall also be in accordance with requirements of
the governmental agency having jurisdiction over the facility upon
which the permitted use has frontage.
K.
Development credit adjustments for environmentally constrained areas. See § 550-84K of this chapter for standards.
M.
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
[1]
Editor's Note: Former § 550-80, Township Town Center
Project Redevelopment Plan, added 7-6-1995 by Ord. No. 95-039, originally codified in Ch. 2, Sec. 2-722, of the 1994 Code of Ordinances, but was relocated to the Land Development Chapter at the Township's request, was repealed 6-18-2024 by Ord. No. 24-026.
[Amended 1-20-1993 by Ord. No. 93-008; 8-16-1995 by Ord. No.
95-047; 1-3-1996 by Ord. No. 96-010; 9-18-1996 by Ord. No.
96-042; 10-30-1996 by Ord. No. 96-048; 12-16-1998 by Ord. No.
98-045; 12-4-2002 by Ord. No. 02-037; 5-20-2009 by Ord. No.
09-013; 12-21-2011 by Ord. No. 11-043; 9-19-2012 by Ord. No.
12-046]
In the REO and RD Districts, the following shall apply:
A.
Principal permitted uses on the land and in buildings. [Note: Convenience stores are permitted in the HC Highway Commercial and GC General Commercial Zones only; see § 550-78B(55).]
(1)
REO and RD Districts:
(a)
Office buildings for executive, administrative, business, educational
or professional services.
(b)
Buildings used exclusively by the federal, state, county or
local municipal government.
(c)
Activities of an industrial, medical or scientific research
laboratory, provided that there are no inherent hazards associated
with such research, and further provided that no nuisance may occur
from fire or explosion, toxic or corrosive fumes, gas, smoke, odors,
obnoxious dust or vapor, offensive noise or vibrations, glare, flashes
or objectionable effluent and electrical interference which may adversely
affect or impair the normal use and peaceful enjoyment of any property,
structure or dwelling located in any other zone or district. The likelihood
of groundwater contamination or depletion, air pollution and the problem
of waste disposal shall be considered.
(d)
Commercial printing facilities.
(e)
Mailing, reproduction, commercial art and photography and stenographic
services.
(f)
Computer and data processing services.
(g)
Medical and dental laboratories.
(h)
Research and engineering activities involving technical investigation
or study for product development and similar activities.
(i)
Publishing houses.
(j)
Public playgrounds, conservation areas, parks and public purpose
uses.
(k)
Research office parks, on tracts of land at least 25 acres in
area, comprised of uses in accordance with those listed above.
(l)
All residences existing as of the date of adoption of this chapter.
For purposes of evaluating proposed additions or expansions to said
residences, the bulk and yard requirements of those residential zone
districts which most closely resemble the size of the lot in question
shall be applied.
(m)
Farms.
(o)
Adult day care.
[Added 9-16-2014 by Ord.
No. 14-063]
(p)
Assisted living, memory care, senior independent living (REO-5
only).
[Added 9-18-2018 by Ord.
No. 18-042]
(q)
Medical and/or paramedical tattoo office.
[Added 6-1-2021 by Ord. No. 21-027]
(r)
Cannabis testing laboratory (REO-4 only).
[Added 7-18-2023 by Ord. No. 23-031]
(2)
In addition to the above, the following are permitted, but only in
the RD Districts, except as provided in Subsection A(2)(g)1. below:
(a)
Pharmaceutical products operations.
(b)
Assembly and treatment of previously prepared materials to produce
products as follows:
1.
Apparel.
2.
Textiles.
3.
Leather goods.
4.
Books and book binders.
5.
Electrical and electronic equipment and supplies.
6.
Professional, scientific, surgical and controlling instruments.
7.
Photographic and optical goods, watches and clocks.
8.
Graphic materials, supplies, instruments and implements.
9.
Fabricated metal products, such as cutlery, hand tools, general
hardware, fabricated structural metal products, screw machine products,
bolts, nuts, screws, rivets, washers, springs, valves, pipe fittings
and similar miscellaneous products.
10.
Construction materials.
11.
Hardware, plumbing and heating equipment and supplies.
(d)
Research and development parks may be permitted on tracts of
land at least 25 acres in area comprised of uses in accordance with
this section.
(e)
Telecommunications towers, provided they are not within 1/2
mile of a residential zone line or within 1/2 mile of the property
line of a residential use, school or public recreation area. The distance
shall be measured between the two closest property lines.
(f)
Radio or television broadcasting stations, including studios,
auditoriums and other rooms for performances and including office
and other space incident to and necessary for the principal use. Broadcasting
towers and antennas may not be located within 1/2 mile of a residential
zone line or within 1/2 mile of the property line of a residential
use, school or public recreation area. The distance shall be measured
between the two closest property lines.
(g)
Planned mixed-use research and development parks, subject to
the following requirements and conforming to the findings of a planned
development as defined by the Municipal Land Use Law, N.J.S.A. 40:55D-45,
and in accordance with an approved general development plan.
1.
The minimum total area to be developed as a planned mixed-use
research and development park shall be 100 acres, unless otherwise
noted. That minimum area may be met with land in the RD District or
in both the RD and REO-5 Districts, provided that the districts are
contiguous and that at least 85 acres of the planned mixed-use research
and development park are within the RD District. Such area shall be
developed in accordance with a single comprehensive general development
plan. Streets and rail rights-of-way shall not be deemed to divide
acreage for the purposes of this requirement.
[Amended 5-6-2014 by Ord.
No. 14-028]
2.
The maximum floor area ratio for a planned mixed-use research
and development park shall be 0.25, unless otherwise noted.
[Amended 5-6-2014 by Ord.
No. 14-028]
3.
No building shall exceed 45 feet in height. In the case of buildings
with flat roofs, building height shall be measured to the roof level
and not to the top of the parapet wall.
4.
Principal permitted, accessory and conditional uses within a planned mixed-use research and development park as identified in Subsections A, B and C of this section shall be permitted and be required to satisfy all of the RD requirements as set forth in this section and throughout the chapter. The Planning Board shall have the right to modify the requirements for minimum lot area, width or frontage, minimum building setback, maximum impervious surface coverage, requirements as to front, side or rear yards, and requirements concerning the location of accessory buildings or structures for any land use in a planned mixed-use research and development park, whenever such modifications are necessary to achieve a planned mixed-use research and development park.
5.
In a planned mixed-use research and development park, the permitted
gross floor area yield to be devoted to a planned commercial development
that contains a wide range of retail and commercial and accessory
uses serving a regional trade area which embraces a large segment
of Hamilton Township shall be as follows:
a.
The planned commercial development located in the RD Zone at
the intersection of Klockner Road and Route 130 on the land use map
and Zoning Map shall be limited to no more than 25% of the permitted
gross floor area yield.
b.
The planned commercial development located in the RD Zone east
of Route 130 on the Land Use Plan Map and Zoning Map shall be limited
to no more than 43% of the permitted gross floor area yield.
[Amended 7-21-2015 by Ord. No. 15-027]
c.
The planned commercial development located in the RD Zone situated
at Cabot Drive east of Interstate I-195, south of Klockner Road and
north of Yardville Hamilton Square Road on the land use map and the
Zoning Map shall be subject to the following conditions:
i.
Not more than 360,000 square feet of planned commercial retail
development shall be permitted.
ii.
Minimum landscape buffers along arterial roads
shall be not less than 100 feet.
iii.
Minimum common open space shall be 35% of the
land area within the planned mixed-use research and development park.
iv.
Maximum floor area ratio (FAR) for the planned
mixed use research and development park shall be 0.16 FAR or not more
than 947,500 square feet.
v.
At the intersection of Yardville Hamilton Square Road and Cabot
Drive, there shall be no left turn permitted from Cabot Drive exiting
on to Yardville Hamilton Square Road, and there shall be no right
turn from Yardville Hamilton Square Road entering onto Cabot Drive.
d.
The planned commercial development located in the RD Zone bounded
by Kuser Road, Route 130, Robbinsville Township and the United Jersey
Railroad & Canal Company right-of-way shall be limited to no more
than 40% of the permitted gross floor area yield for the planned mixed-use
research and development park. Although the tract area of the planned
mixed-use research and development park may extend northwest of the
rail right-of-way, all planned commercial development must be physically
located within the RD District southeast of the rail right-of-way
within the area described above.
i.
The permitted gross floor area yield of a planned commercial
development shall be calculated by the applicant and approved by the
Planning Board based upon the submission of a concept site plan and
concept subdivision plan which shows development of the site based
upon current RD Zone standards.
ii.
At least 25% of the permitted gross floor area
of a planned commercial development shall be devoted to anchor tenant
or magnet stores as defined in this chapter.
6.
All planned commercial developments shall be required to locate
along Route 130. The sites identified on the Township Land Use Plan
Map and Zoning Map are potential sites for commercial development,
and the Planning Board may approve other locations along Route 130
within the planned mixed-use research development zone. The location
of the planned commercial development within the planned mixed-use
research and development park shall be located in a manner to encourage
efficient movement of traffic and provide the maximum benefit to the
mixed-use nature of the park. If deemed feasible and desirable, the
Planning Board may permit some commercial uses to develop outside
of these identified planned commercial locations within a planned
mixed-use research and development park located along Route 130.
7.
The planned commercial development located in the RD Zone south
and west of Klockner Road on the Land Use Plan Map and Zoning Map
shall be limited to no more than 40% of the permitted gross floor
area yield or to a maximum of 500,000 square feet, whichever is lower.
Planned commercial development in this area shall front on Route 130
and be located east of the Master Plan roadway or may front on the
Master Plan roadway and/or the ramp system west of the Master Plan
roadway at its intersection with Route 130.
8.
The planned commercial development located in the RD Zone south
and west of Klockner Road and north of Route 130, consisting of Block
2610, Lots 30, 31 and 32 on the Land Use Plan Map and Zoning Map shall
have a minimum tract size of 45 acres.
[Added 5-6-2014 by Ord.
No. 14-028]
a.
The planned commercial development shall have a major commercial
anchor or magnet store of at least 40,000 square feet in size.
b.
Development within the Planned Commercial Development Overlay
Zone portion of the tract shall have a maximum FAR of the following:
c.
The applicant may provide a payment-in-lieu of constructing the Master Plan road depicted as being located on this tract and running perpendicular to Route 130 in the 2011 Hamilton Township Master Plan if the applicant can demonstrate to the Planning Board that Klockner Road or other road can fulfill the purpose of that segment of the Master Plan road in providing adequate additional access to Route 130. The payment-in-lieu of construction shall be consistent with the Township's Transportation Improvement District (TID) standards in § 550-256H. Notwithstanding, the Master Plan road running parallel to Route 130 on this tract in the 2011 Hamilton Township Master Plan shall be required to be reserved and constructed. Furthermore, construction of the Master Plan road running parallel to Route 130 shall be completed during the first phase of construction.
9.
All planned commercial developments shall have at least one major commercial anchor or magnet store of at least 100,000 square feet, unless otherwise noted. All planned commercial developments shall provide for passive and/or active recreation for patrons. Such area(s) shall be improved in accordance with a consistent design theme which is applied throughout the planned development and in accordance with the standards set forth in § 550-165.
[Amended 5-6-2014 by Ord.
No. 14-028; 4-2-2019 by Ord. No. 19-013]
10.
The following principal commercial uses, other than anchor tenant and magnet stores as defined herein, as identified in §§ 550-76B, 550-77B and 550-78B, and hotels under § 550-161O, shall be permitted on the land and in buildings within a planned commercial development. They shall be limited to no more than 75% of the gross floor area of the planned commercial development:
[Amended 7-18-2017 by Ord. No. 17-029]
a.
Principal permitted uses on the land and in buildings as found in § 550-76B.
|
Groceries and foodstuffs
|
|
Confectionery and luncheonettes
|
|
Stationery and tobacco
|
|
Hardware and paints
|
|
Bakery
|
|
Periodicals and newspapers
|
|
Barber and beauty shops
|
|
Tailoring and dressmaking
|
|
Bakery goods store
|
|
Book or gift store
|
|
Candy store and/or fountain
|
|
Clothes cleaning store with two or less trucks associated with
it
|
|
Custom dressmaking, millinery and tailoring
|
|
Clothing (new) and dry goods store
|
|
Delicatessen store
|
|
Dress shop
|
|
Drugstore
|
|
Package liquor store
|
|
Ice cream store
|
|
Interior decorating business
|
|
Jewelry store
|
|
Self-cleaning laundry
|
|
Notion and variety store
|
|
Paint and wallpaper store.
|
|
Repair or service shops for household or personal goods
|
|
Shoe repair shop
|
|
Tailor shop
|
|
Photography studio, photo supplies, artist's studio
|
|
Antique store
|
|
Art gallery
|
|
Sporting goods store
|
|
Child and infant care centers; see § 550-138 for design standards
|
|
Video store.
|
|
All existing residences as of the date of the adoption of this
chapter. For purposes of evaluating proposed additions or expansions,
bulk and yard requirements of those residential zone districts which
most closely resemble the size of the lot in question will be utilized.
|
b.
Principal permitted uses on the land or in buildings as found in § 550-77B.
|
Restaurants, bars and taverns
|
|
Banks, including drive-in facilities
|
|
Dancing studio
|
|
Florist
|
|
Household appliance store
|
|
Stereo, radio and television stores
|
|
Offices, business and professional
|
|
Funeral homes and mortuaries
|
|
Automobile parts store
|
|
All existing residences as of the date of the adoption of this
chapter. For purposes of evaluating proposed additions or expansions,
bulk and yard requirements of those residential zone districts which
most closely resemble the size of the lot in question will be utilized.
|
|
Combinations of two or more of the above-permitted uses in one
principal building
|
c.
Principal permitted uses on the land and in buildings as found in § 550-78B.
[Amended 4-19-2022 by Ord. No. 22-013]
|
Restaurants, bars, taverns and nightclubs
|
|
Department stores
|
|
Garden centers engaged in the retail sales of living plant material
and related garden equipment
|
|
Outside storage, sale or display areas shall not exceed four
times the building coverage and shall be used only for the storage,
sale and display of living plant material
|
|
Bowling alleys
|
|
Supermarkets
|
|
Awning or canvas store
|
|
Bicycle sales, rental or repair
|
|
Blueprinting establishment
|
|
Buildings used exclusively by the federal, state, county or
local municipal government for public purposes
|
|
Catering establishment
|
|
Exhibition building
|
|
Furniture and furnishings, sale of
|
|
Laboratory servicing medical and dental requirements
|
|
Museum
|
|
Office furniture, appliances and supply business
|
|
Pet shop, not involving the treatment of or boarding of cats
and dogs
|
|
Printing, lithography, publishing and photostating establishments
|
|
Recreation area, public
|
|
Taxidermist
|
|
Theater, not including drive-in or open air, and not to be located
in combination with a book or magazine store and not to be located
within 1,000 feet of any such store
|
|
Wholesale stores and distributors in a completely enclosed building
not involving the processing or treatment of goods or products
|
|
Parcel package shipping store or mailing center
|
|
Indoor recreation uses
|
|
Health clubs
|
|
Miniature golf
|
|
Billiard hall
|
|
Body art establishments, subject to provisions of Chapter 133
|
|
Massage, bodywork and somatic therapy establishments subject to provisions of Chapter 296
|
|
Brewpub
|
|
All existing residences as of the date of the adoption of this
chapter. For purposes of evaluating proposed additions or expansions,
bulk and yard requirements of those residential zone districts which
most closely resemble the size of the lot in question will be utilized.
|
|
Combinations of two or more of the above-permitted uses in one
principal building
|
d.
The above-referenced principal permitted commercial uses other than anchor tenant and magnet stores shall be required to satisfy all of the requirements as set forth in §§ 550-76, 550-77 and 550-78 and throughout this chapter. The Planning Board shall have the right to modify the requirements for minimum lot area, width or frontage, minimum building setback, maximum impervious surface coverage, requirements as to front, side or rear yards, and requirements concerning the location of accessory buildings or structures for any land use in a planned mixed-use research and development park, whenever such modifications are necessary to achieve a planned mixed-use research and development park.
11.
No plan for a planned mixed-use research and development park
development shall be approved by the Planning Board unless the lot
areas, widths, depths and frontages, building setbacks, percentages
of lot coverage, front, side and rear yards and locations of accessory
buildings or structures provided for in the site plan and subdivision
plan are appropriate to the type of development permitted.
12.
Not less than 25% of the land area within a planned mixed-use
research and development park shall be devoted to common open space.
The location of common open space shall be consistent with the declared
function of the common open space, and where possible, the common
open space shall be planned as a contiguous area located for the maximum
benefit of the area which it was designed to serve, preserving and
where possible enhancing natural features.
13.
A concept site plan and concept subdivision plan shall be required
for any development proposed within a planned mixed-use research and
development park. At a minimum, the concept plan shall indicate the
proposed location of all buildings, structures, parking, landscaping,
open space, utilities, signage, pedestrian walkways and driveways.
The concept plan shall be submitted to the Planning Board for review
prior to any formal preliminary site plan or subdivision plan.
14.
In order to foster the attractiveness of a site designated as a planned mixed-use research and development park and the surrounding neighborhoods and in order to provide an efficient road and utility network, ensure the movement of traffic, implement Comprehensive Planning and better serve the public health, safety and general welfare, the design standards and criteria in § 550-165 shall be utilized by the Planning Board in reviewing all site plans and subdivision plats relating to a planned mixed-use research and development park. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation.
[Amended 4-2-2019 by Ord.
No. 19-013]
(h)
Indoor recreation.
[Added 8-19-2014 by Ord.
No. 14-046]
(i)
Cannabis establishments, medical cannabis establishments and Class 6 cannabis delivery services (as defined in Chapter 153) and subject to the conditions set forth in § 550-143. There shall be no outdoor cultivation of cannabis or medical cannabis.
[Added 7-20-2021 by Ord. No. 21-036; amended 12-21-2021 by Ord. No.
21-069]
B.
Accessory uses permitted:
(1)
Off-street parking.
(3)
Signs.
(4)
Temporary sales or construction trailer(s).
(a)
The trailer(s) shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
(b)
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c)
The trailer(s) shall be permitted to remain only for the period
of construction, renting or sale of the permitted use.
(d)
Only one sales trailer and two construction trailers are permitted
per project.
(5)
Restaurants or cafeterias located within a principal building.
(6)
Banks located within a principal building containing a permitted
use in accordance with this section.
(7)
Recreational areas and parks, provided that the facility is owned
and operated by an industry situated within the REO or RD Districts
for the use of its employees or guests.
(8)
Amateur radio antennas and antenna support structure not to exceed 45 feet in height, unless the structure is retractable. The height of a retractable antenna structure shall not exceed 45 feet when the structure is not being used for the transmission and/or reception of amateur radio signals and 65 feet when the structure is fully extended and in use for the transmission and/or reception of amateur radio signals. Satellite dish antennas shall be installed in accordance with the standards specified in § 550-137.
(9)
Roof-mounted solar or photovoltaic energy-generating facility.
C.
Other uses permitted upon application to the municipal agency for
a conditional use permit:
(1)
Public utility installations.
(2)
Hospitals, medical institutions, philanthropic or eleemosynary uses
in the REO-5 District only, provided that plans for such facilities
have met all requirements of state and Township health regulations,
but not including correctional uses or hospitals exclusively for the
isolation of contagious diseases or for the insane.
(3)
Private clubs, lodges, social buildings and fraternal organizations.
(4)
Ground-mounted solar or photovoltaic energy-generating facility as
a conditional accessory use in the RD District only.
D.
Maximum building height. No building shall exceed 45 feet in height
except in the REO-2 Zone, where the maximum height is limited to 35
feet. In the case of buildings with flat roofs, building height shall
be measured to the roof level and not to the top of the parapet wall.
E.
Area and yard requirements.
|
Individual Use
|
Research Park Use
| ||||||
|---|---|---|---|---|---|---|---|
|
Requirements
|
REO-2
|
REO-4
|
REO-5
|
RD
|
All REO and RD
(except REO-2)
| ||
|
Minimum requirements
| |||||||
|
Principal building:
| |||||||
|
Lot area (acres)
|
2
|
4
|
5
|
10
|
4
| ||
|
Lot frontage (feet)
|
200
|
300
|
400
|
600
|
300
| ||
|
Lot width (feet)
|
200
|
300
|
400
|
600
|
300
| ||
|
Lot depth (feet)
|
400
|
500
|
400
|
400
|
400
| ||
|
Side yard, 1 (feet)
|
50
|
75
|
75
|
100
|
50
| ||
|
Side yard, total (feet)
|
100
|
150
|
200
|
200
|
100
| ||
|
Front yard (feet)
|
75
|
80
|
150
|
150
|
80
| ||
|
Rear yard (feet)
|
100
|
100
|
75
|
100
|
50
| ||
|
Accessory building:
| |||||||
|
Distance to side line (feet)
|
50
|
75
|
75
|
100
|
50
| ||
|
Distance to rear line (feet)
|
100
|
75
|
75
|
100
|
50
| ||
|
Distance to other building (feet)
|
50
|
50
|
50
|
50
|
50
| ||
|
Maximum requirements
| |||||||
|
Floor area ratio
|
0.189
|
0.25
|
0.25
|
0.25
|
0.25
| ||
|
Impervious surface coverage (percent)
|
55%
|
55%
|
55%
|
55%
|
55%
| ||
F.
General requirements.
(1)
Any principal building may contain more than one use or organization.
More than one principal building may be constructed on any lot, provided
that all chapter requirements are met and that a minimum distance
of 50 feet is provided between the principal buildings.
(2)
At least the first 50 feet adjacent to any street line, including
state and interstate roadways, and 50 feet adjacent to any lot line
shall not be used for parking and shall be planted and maintained
in lawn area or ground cover or landscaped with evergreen shrubbery.
Within a research park and within the REO-2 Zone, the required buffer
along the side or rear property lines may be reduced to 25 feet in
width.
(3)
Any parking proposed within the front yard shall be screened by a
landscaped berm of at least 4 1/2 feet in height and having a
slope of three to one. The berm shall be required to screen parking
located between buildings and any street, including any state or interstate
roadway.
(4)
A minimum buffer area of 150 feet in width shall be provided along
any common property line with a residential district, and a minimum
buffer area of 75 feet in width shall be provided along any common
property line with any residential use; except that, in the REO-2
and the REO-4 Districts, these buffers may be reduced by 2/3.
(5)
Yard requirements adjoining railroads. The side and rear yard requirements
shall be reduced by 50% where they apply to those portions of a lot
immediately adjoining and bounded by the right-of-way of a railroad.
(6)
Where the front yard area abuts a residential zone, the minimum front
setback shall be 100 feet in all research parks in the REO and RD
Zones. Off-street parking shall be prohibited within the front yard
area in these instances.
(7)
Cross easements to allow for traffic and pedestrian circulation between
properties within the REO-2 Zone shall be required as a part of any
site plan approval.
G.
Specific requirements.
(1)
For uses in the RD District abutting Edgebrook Road, access shall
not be permitted directly onto Edgebrook Road. However, a secondary
emergency or service access may be permitted, provided that the applicant
demonstrates that there will be no adverse impact on the roadway or
properties in the area resulting from use of this access.
(2)
For uses in the RD District abutting Edgebrook Road, a buffer of
at least 300 feet in width shall be provided adjacent to Edgebrook
Road and shall not be used for parking and maintained in lawn area
or ground cover or landscaped with evergreen shrubbery.
(3)
For uses in the RD District along the Edgebrook stream corridor and
abutting residential districts, a buffer at least 300 feet in width
shall be provided from the residential district boundary.
(4)
For uses in the RD District along Route 130 affected by the Master
Plan parallel service road system, the following shall apply:
(a)
The Master Plan roadway, as depicted on the Master Plan Map,
calls for a fifty-foot-wide right-of-way. Any land dedicated by a
property owner will not be deducted from the property's prededication
gross lot area when calculating permitted development based on FAR
or MIS.
(b)
Applicants are to size basins, pipes, and other drainage infrastructure
to accommodate that portion of the Master Plan roadway that is on
the site subject to development.
(c)
Buffers, parking, and loading areas must be set back a minimum
of 15 feet from the Master Plan road right-of-way. Parking and loading
buffers are to consist of the following:
1.
Parking buffer.
a.
Deciduous trees with a minimum two-and-one-half-inch caliper
are to be planted 35 feet on center along the entire length of the
fifteen-foot-wide buffer.
b.
A continuous buffer of three-foot to four-foot-high shrubs is
to be planted along the entire length of the fifteen-foot-wide buffer.
A minimum three-and-one-half-foot-high masonry wall may be substituted
for the shrubs.
c.
The design of the walls must be approved by the Planning Board
or Zoning Board of Adjustment.
2.
Loading area buffer.
a.
Portions of the site where loading areas abut the Master Plan
roadway, a continuous double row of evergreen trees shall be planted.
Trees shall be six feet to eight feet high at time of planting, and
they shall be planted a maximum of 15 feet on center. Acceptable trees
shall include white pines, Douglas fir, spruce varieties, Canadian
hemlock, or equal.
(d)
The right-of-way for the Master Plan roadway shall be set back
a minimum of 100 feet from residential zones.
(5)
Principal buildings and accessory structures shall be set back a
minimum of 150 feet from residential zones and a minimum of 30 feet
from the right-of-way of the Master Plan roadway.
(6)
Parking areas shall be set back a minimum of 150 feet from residential
zones.
(7)
Properties affected by the Master Plan road system shall be required
to construct that portion of the Master Plan roadway that traverses
the property, as well as any additional on-site or off-site improvements
required by NJDOT. In addition, TID obligations shall be required
per ordinance, with priority spending to be applied to the cost of
constructing bridges within the Route 130 study area and the Route
156/Route 130 traffic signal.
K.
Previously approved industrial parks.
(1)
All previously approved industrial parks, approved prior to the date
of the adoption of this chapter, and now located within the REO and
RD Districts may be developed in accordance with the following provisions:
(3)
Development credit adjustments for environmentally constrained areas. See § 550-84K of this chapter for standards.
(4)
Architectural design standards. For architectural design standards, see § 550-112 of this chapter.
[Amended 1-20-1993 by Ord. No. 93-008; 2-8-1995 by Ord. No.
94-005; 1-3-1996 by Ord. No. 96-008; 2-21-1996 by Ord. No.
96-017; 12-21-2011 by Ord. No. 11-043]
In the MFG Manufacturing and I Industrial Districts, the following
shall apply:
A.
Purpose. The MFG and I areas are proposed to permit a full spectrum
of industrially related uses, including warehouses and wholesale distribution
centers, but excluding activities which synthesize chemical products
for direct industrial sale.
B.
Principal permitted uses on the land and in buildings. Any manufacturing,
processing or industrial use listed below, provided that the use meets
the performance requirements of Hamilton Township, meets applicable
state and federal environmental standards and does not have inherent
characteristics which are noxious, injurious, offensive or hazardous
to the health, safety or general welfare of the community. All uses
permitted in the REO and RD Districts are also permitted in the MFG
and I Districts. Uses permitted exclusively in the REO and RD research
parks are also permitted exclusively in industrial parks.
(1)
Office buildings or offices for executive administrative purposes.
(2)
Fabrication of metal, paper and wood products.
(3)
Textile mill products.
(4)
Apparel and other finished products made from fabrics.
(5)
Leather products.
(6)
Blank books, looseleaf binders, bookbinding and related work.
(7)
Manufacturing of electrical and electronic equipment and supplies.
(8)
Professional, scientific and controlling instruments.
(9)
Photographic and optical goods, watches and clocks.
(10)
Wholesale trade distribution centers.
(11)
Food industries, except rendering or refining of fats and oils.
(12)
Manufacturing of light machinery and equipment, such as office
and accounting machines, small machine parts and portable power tools.
(13)
Pharmaceutical products manufacturing.
(14)
Concrete central mixing and proportioning plants, in the MFG
District only.
(15)
Rubber products, including tires, tubes and tire recapping,
in the MFG District only. The manufacture of rubber is prohibited.
(16)
Manufacture and repair of light and heavy machinery, in the
MFG District only.
(17)
Wood and lumber bulk processing, including sawmills, planing
mills and wood-preserving treatment, in the MFG District only.
(18)
Manufacturing of metal and metal products, processing, fabrication
and assembly, but excepting the processing of basic products of such
metals from new materials using open-hearth furnaces, Bessemer converters
or other techniques, in the MFG District only.
(19)
Industrial parks, in both the manufacturing and industrial zones,
on tracts of land at least 25 acres in area, comprised of uses in
accordance with this section.
(20)
Service industries for the printing trade.
(21)
Fabricated metal products, such as cutlery, hand tools, general
hardware, fabricated structural metal products, screw machine products,
bolts, nuts, screws, rivets, washers, springs, valves, pipe fittings
and miscellaneous fabricated wire products, as well as the manufacturing
of wire.
(22)
Coating, engraving and allied services, in the MFG District
only.
(23)
Freight forwarding.
(24)
Miscellaneous services incidental to transportation, such as
packing and crating.
(25)
Construction materials.
(26)
Hardware, plumbing and heating equipment and supplies.
(27)
Rubber and plastic footwear, hose, belting and miscellaneous
plastics products, in the MFG District only.
(28)
Engines, turbines, metalworking machinery and equipment, special
industry machinery and general industry machinery and equipment, in
the MFG District only.
(29)
Refrigeration and service industry machinery.
(30)
Miscellaneous machinery.
(31)
Motor vehicles and motor vehicle equipment; motorcycles, bicycles
and parts; miscellaneous transportation equipment, in the MFG District
only.
(32)
Machine shops and tool and die shops.
(33)
Buildings used exclusively by municipal, county, state or federal
governments.
(34)
All existing residences as of the date of the adoption of this
subsection are permitted. For purposes of evaluating proposed additions
or expansions, bulk and yard requirements of those residential zone
districts which most closely resemble the size of the lot in question
will be utilized.
(35)
Automobile and small truck rentals exclusive of flatbeds, tractor-trailers
or similar size trucks.
(36)
Limousine service.
(37)
Recycling of wood and wood products, grass and concrete products
only, provided that there are no inherent hazards associated with
such operations, and further provided that no nuisance may occur from
fire or explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious
dust or vapor, offensive noise or vibrations, glare, flashes or objectionable
effluent and electrical interference which may adversely affect or
impair the normal use and peaceful enjoyment of any property, structure
or dwelling located in any zone or district. The likelihood of groundwater
contamination or depletion, air pollution and the problem of waste
disposal shall be considered.
(39)
Taxicab and bus companies with associated vehicle storage yards
(yards to be properly screened).
(40)
Health and fitness centers.
(41)
Indoor recreation uses.
(42)
Art centers, on minimum tracts of five acres, of which at least
50,000 square feet in area shall be used for the display of art in
an indoor museum and/or outdoor sculpture park. Within an industrial
or office park, the minimum acreage need not be contiguous, provided
that in the aggregate a minimum of five acres is provided within the
park for the museum facility.
(43)
Ground-mounted solar or photovoltaic energy-generating facility
on a site 20 acres or larger within the MFG and I Districts only.
(44)
Wind-energy-generating facility on a site 20 acres or larger
within the MFG and I Districts only. The use shall be prohibited on
smaller sites.
(45)
Adult day care.
[Added 9-16-2014 by Ord.
No. 14-063]
(46)
Craft brewery.
[Added 11-21-2017 by Ord.
No. 17-041]
(47)
Craft distillery.
[Added 11-21-2017 by Ord.
No. 17-041]
(48)
Contractor's storage, if confined entirely to a completely enclosed building. Outside storage area for vehicles per § 550-82D(7).
[Added 1-2-2019 by Ord.
No. 18-067]
(49)
Repurposing used oils into biodegradable clean fuels.
[Added 7-21-2020 by Ord. No. 20-030]
(50)
Cannabis establishments, medical cannabis establishments and Class 6 cannabis delivery services (as defined in Chapter 153) and subject to the conditions set forth in § 550-143. There shall be no outdoor cultivation of cannabis or medical cannabis.
[Added 7-20-2021 by Ord. No. 21-036; amended 12-21-2021 by Ord. No.
21-069]
C.
Accessory uses permitted:
(1)
Off-street parking.
(3)
Signs.
(4)
Garages, storage buildings and toolsheds.
(5)
Temporary sales or construction trailer(s).
(a)
The trailer(s) shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
(b)
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c)
The trailer(s) shall be permitted to remain only for the period
of construction, renting or sale of the permitted use.
(d)
Only one sales trailer and two construction trailers are permitted
per project.
(6)
Employee cafeterias as part of a principal building or as the entire
use of a principal building, provided that the cafeteria is limited
in service to the employees of the principal use designated on the
site plan as approved by the municipal agency.
(7)
Recreational areas and parks for employees, provided that the facility
is owned and operated by an associated industry.
(9)
Roof-mounted solar or photovoltaic energy-generating facility.
(10)
Ground-mounted solar or photovoltaic energy-generating facility
and solar or photovoltaic energy-generating parking structure on a
site 20 acres or larger within the MFG and I Districts only.
D.
Other uses permitted upon application to the municipal agency for
a conditional use permit:
(2)
Service station.
(3)
Car wash.
(4)
Motor freight terminals.
(5)
Single-user warehouse club, primarily engaged in selling merchandise
and services to businesses, industrial, commercial, institutional
or professional business users or to other wholesale or retail users
who have paid to become members of the warehouse club.
(6)
Ground-mounted solar or photovoltaic energy-generating facility on
a site less than 20 acres as a conditional accessory use within the
MFG and I Districts only.
(7)
Solar or photovoltaic energy-generating parking structure on a site
less than 20 acres as a conditional accessory use within the MFG and
I Districts only.
E.
Maximum building height. No building shall exceed 35 feet in height.
F.
General requirements.
(1)
At least the first 50 feet adjacent to any street line and 10 feet
adjacent to any lot line shall not be used for parking and shall be
planted and maintained in lawn area or ground cover or landscaped
with evergreen shrubbery. Any parking proposed within the front yard
shall be screened by a landscaped berm of at least four feet in height
and having a two-to-one or three-to-one slope.
(2)
A minimum buffer area of 80 feet in width shall be provided along any common property line with a residential district or 40 feet along any common property line with any residential use. [See §§ 550-119G(7) and 550-130B.]
(3)
Entrances and exits. Entrances and exits upon a public street or
road shall not be located within 100 feet of any street intersection,
the distance to be measured from the intersection of the right-of-way
lines at the corner affected and the closest point of such proposed
driveway. No entrance or exit, at the curbline only, shall be closer
than 12 feet from a side lot line. Entrance and exit sizes, locations
and construction shall also be in accordance with requirements of
the governmental agency having jurisdiction over the facility upon
which the permitted use has frontage.
(4)
Yard requirements adjoining railroads and interstate highways. The
side and rear yard requirements shall be reduced by 50% where they
apply to those portions of a lot immediately adjoining and bounded
by the right-of-way of a railroad and/or an interstate highway.
(5)
Any principal building may contain more than one use or organization.
More than one principal building may be constructed on any lot, provided
that all chapter requirements are met and that a minimum distance
of 50 feet is provided between the principal buildings.
(6)
Where the front yard area abuts a residential zone, the minimum front
setback shall increase to 100 feet in the MFG District individual
use, industrial park use and the I District industrial park use.
(7)
Merchandise, products, equipment or similar material or objects may be stored outside in the MFG and I Districts, provided that such outside storage area does not exceed 30% of the lot area and is located in the rear yard. The area shall be enclosed entirely by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use. (See also § 550-84A.)
J.
Area and yard requirements.
|
MFG District
|
I District
| |||||
|---|---|---|---|---|---|---|
|
Individual Use
|
Industrial Park Use
|
Individual Use
|
Industrial Park Use
| |||
|
Minimum requirements
| ||||||
|
Principal building:
| ||||||
|
Lot area (acres)
|
2
|
1
|
3
|
2
| ||
|
Lot frontage (feet)
|
250
|
175
|
300
|
250
| ||
|
Lot width (feet)
|
250
|
175
|
300
|
250
| ||
|
Lot depth (feet)
|
250
|
175
|
300
|
250
| ||
|
Side yard, minimum (feet)
|
35
|
15
|
50
|
35
| ||
|
Side yard, total (feet)
|
100
|
50
|
150
|
100
| ||
|
Front yard (feet)
|
75
|
50
|
100
|
75
| ||
|
Rear yard (feet)
|
50
|
25
|
75
|
50
| ||
|
Accessory building:
| ||||||
|
Distance to side line (feet)
|
40
|
30
|
50
|
40
| ||
|
Distance to rear line (feet)
|
40
|
30
|
50
|
40
| ||
|
Distance to other building (feet)
|
40
|
30
|
50
|
40
| ||
|
Maximum requirements
| ||||||
|
Floor area ratio
|
0.25
|
0.25
|
0.25
|
0.25
| ||
|
Maximum impervious surface coverage (percent)
|
50%
|
50%
|
50%
|
50%
| ||
K.
Architectural design standards. For architectural design standards, see § 550-112 of this chapter.
[Amended 1-20-1993 by Ord. No. 93-008; 4-14-1997 by Ord. No.
97-012]
A.
Generally. For corner lots, area and lot width shall be as follows:[1]
|
District
|
Area
(square feet or acres)
|
Lot Width/Frontage Each Street
(feet)
|
Setback From Each Street
(feet)
|
|---|---|---|---|
|
C
|
5 acres
|
400
|
125
|
|
R-5
|
5,000
|
50
|
20
|
|
R-7
|
9,000
|
90
|
25
|
|
R-10
|
12,100
|
110
|
30
|
|
Detached dwellings in planned neighborhoods and planned communities
|
9,000
|
90
|
30
|
|
R-15
|
15,625
|
125
|
40
|
|
R-25
|
25,600
|
160
|
50
|
|
A/T
|
10 acres
|
300
|
501
|
|
NC
|
6,500
|
60
|
25
|
|
CC
|
9,300
|
75
|
302
|
|
HC
|
24,000
|
150
|
60
|
|
HC Shopping Center
|
8 acres
|
400
|
100
|
|
HC Design District I
|
20,000
|
125
|
30
|
|
HC Design District Shopping Center
|
15 acres
|
400
|
60
|
|
HC Design District II
|
5,000
|
50
| |
|
GC
|
24,400
|
150
|
60
|
|
GC Shopping Center
|
8 acres
|
400
|
100
|
|
GSC
|
120,000
|
300
|
100
|
|
REO-2
|
2 acres
|
200
|
75
|
|
REO-4
|
3 acres
|
300
|
80
|
|
REO-5
|
5 acres
|
400
|
150
|
|
REO Park
|
3 acres
|
300
|
80
|
|
RD
|
5 acres
|
400
|
150
|
|
RD Park
|
3 acres
|
300
|
80
|
|
MFG
|
2 acres
|
250
|
75
|
|
MFG Park
|
1 acre
|
175
|
50
|
|
I
|
3 acres
|
300
|
150
|
|
I Park
|
2 acres
|
250
|
100
|
|
NOTES:
| |
|---|---|
|
1
|
Thirty feet along nonprimary or nonsecondary streets.
|
|
2
|
Twenty feet where parking is provided in rear or side yards
and property is on major arterial, arterial or major collector.
|
B.
Accessory buildings on corner lot. Accessory buildings on a corner
lot shall not be erected closer to the street line than the front
yard required on the adjacent lot.
[Amended 1-20-1993 by Ord. No. 93-008]
General requirements for Neighborhood Commercial, Community
Commercial, Highway Commercial, General Commercial, all Research,
Engineering and Office Districts, Research and Development, Manufacturing
and Industrial Districts are as follows:
A.
No merchandise, products, waste, equipment or similar material or
object shall be displayed or stored outside. In industrial and manufacturing
districts, such materials may be stored outside if properly screened
and part of an approved site plan submission.
B.
All buildings shall be compatibly designed, whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes.
C.
All areas not utilized for buildings, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or similar plantings and maintained
in good condition.
D.
Any building or use permitted shall be served by a public sanitary
sewerage facility and a public water supply system. A statement from
the appropriate agency allocating capacity in the systems shall be
required.
E.
No loading docks, service areas or doors or areas used for parking
or storing of trucks shall be on any street frontage. Provision for
handling all freight shall be on those sides of any building which
do not face on any street or proposed street. All such areas shall
be screened from view from the street. Screening shall consist of
at least a dense and continuous placement of large evergreens planted
at a height of between six and eight feet located along the crest
of a four-to-five-foot-high berm. Spacing shall be determined according
to species and in order to achieve a total screen of the above areas.
Fencing may be utilized in conjunction with the evergreens, but not
as a substitute. The height of the evergreen portion of the screen
may be reduced through additional berm height or the depression of
areas to be screened, so long as the effective height is not altered
and the intended screening is achieved.
F.
Air-conditioning and other mechanical equipment on roofs and on building
grounds shall be screened from public view with suitable materials
to harmonize with the total development.
G.
All permitted and conditional uses in these zone districts shall
be required to screen from view all trash and garbage depots. Such
depots shall be constructed on concrete pads suitable to withstand
the weight of garbage disposal trucks.
H.
All uses other than single-family or two-family dwellings must provide
their own commercial trash pickup.
I.
There shall be at least one trash and garbage pickup location provided
by each building, which shall be separated from the parking spaces
by either a location within the building or in a pickup location outside
the building which shall be a steel-like totally enclosed container
located in a manner to be obscured from view from parking areas, streets
and adjacent residential uses or zoning districts by a fence, wall,
planting or combination of the three. If located within the building,
the doorway may serve both the loading and trash/garbage functions,
and if located outside the building, it may be located adjacent to
or within the general loading area(s), provided that the container
in no way interferes with or restricts loading and unloading functions.
J.
The disinterment and/or removal of animal remains buried in a pet
cemetery is prohibited.
K.
Development credit adjustments for environmentally constrained areas.
Where there are wetlands on a property, floor area ratio (FAR) will
not be based upon the area of the entire property. Wetland areas on
the property will only be included in FAR calculations based upon
the following sliding scale:
|
Extent of Wetland and/or Floodplain
(expressed as percentage of total tract)
|
Allowable Development Credit for Wetland
(percent)
|
|---|---|
|
1% to 25%
|
60%
|
|
26% to 50%
|
50%
|
|
51% to 60%
|
40%
|
|
61% to 70%
|
30%
|
|
71% to 100%
|
20%
|
[Amended 1-20-1993 by Ord. No. 93-008]
In the HC Highway Commercial Design District I, the following
shall apply:
A.
Purpose; location.
(1)
The purpose of the HC Highway Commercial Design District I Zone is
to provide convenient, aesthetically pleasing and pedestrian-sensitive
areas for shopping for the citizens of Hamilton and for highway users
in general, without compromising the carrying capacity of the highways.
It is intended that this can be achieved by improving circulation
between sites by encouraging shared access and shared parking and
by providing yard criteria that encourage rear and side yard parking.
(2)
This area extends from Weston Avenue to Paxson Avenue Extension along
both sides of Route 33.
B.
Principal permitted uses on the land and in the buildings. All uses
permitted in the HC Highway Commercial Zone, subject to the requirements
of that zone, in addition to the requirements of the HC Highway Commercial
Design District I Zone.
C.
Area and yard requirements.
|
HC Highway Commercial Design District I
| ||||
|---|---|---|---|---|
|
Individual Use
|
Shopping Center
| |||
|
Minimum requirements
| ||||
|
Principal building:
| ||||
|
Lot area (square feet or acres)
|
20,000 square feet
|
15 acres
| ||
|
Lot frontage (feet)
|
125
|
400
| ||
|
Lot width (feet)
|
125
|
400
| ||
|
Lot depth (feet)
|
150
|
400
| ||
|
Side yard (each) (feet)
|
10
|
60
| ||
|
Front yard (feet)
|
30
|
60
| ||
|
Rear yard (feet)
|
30
|
100
| ||
|
Accessory building:
| ||||
|
Distance to side line (feet)
|
10
|
60
| ||
|
Distance to rear line (feet)
|
20
|
60
| ||
|
Distance to other buildings (feet)
|
10
|
20
| ||
|
Maximum requirements
| ||||
|
FAR
|
0.18
|
0.18
| ||
|
MIS (percent)
|
60%
|
60%
| ||
D.
General requirements.
(1)
Any principal building may contain more than one use and/or organization,
provided that the total FAR and MIS of the combined activities does
not exceed the maximum FAR and MIS specified for the district; and
provided, further, that each activity occupies a minimum gross floor
area of 750 square feet.
(2)
No merchandise, products, equipment or similar material or objects
shall be displayed or stored outside.
(3)
A minimum buffer area of 20 feet in width shall be provided along any common property line with a residential district or residential use. See §§ 550-119G(7) and 550-130B of this chapter.
(4)
Along each street line a thirty-foot-wide, suitably landscaped strip
shall be provided in conjunction with shopping center development.
In addition, paved parking areas shall include landscaped planting
strips, particularly at the end of parking rows. Said ends of parking
areas shall be surrounded by concrete curb or Belgian block curb and
shall be a minimum of nine feet in width. Planting strips shall be
planted with deciduous trees and vegetative ground cover. No parking
shall take place in this buffer area.
(5)
At least five feet adjacent to any side lot line shall not be used
for parking or driveway aisles unless the parking or driveway aisle
is to be used as part of a shared parking or access plan. The five-foot-wide
buffer is to be suitably landscaped to buffer the impact of parking
lots on adjacent properties.
(6)
Common driveways shall be encouraged and cross easements shall be
required to allow vehicular movements between adjacent commercial
properties. The easements shall be located at the rear of the property.
Cross easements shall be a minimum of 24 feet wide.
(7)
All service facilities will be located at the rear of the property.
All such facilities shall be appropriately screened from adjacent
commercial and residential properties.
(8)
Each property owner shall be responsible for the maintenance of common
easement areas.
(9)
Signage. A coordinated sign package must be provided for review prior
to final approval. One ground sign, not to exceed 50 square feet and
six feet in height, shall be permitted within the front yard, set
back a minimum of 15 feet from the front lot line. Two facade signs
not to exceed, in aggregate, 10% of the front facade are permitted,
one each on the front and rear facade of the building.
(10)
Awnings, arcades, fountains, plazas and other public amenities
are encouraged and will not be considered in MIS or FAR calculations.
Awnings and arcades may extend five feet into the front yard setback
area.
(11)
Pedestrian linkages between adjacent properties are encouraged.
(12)
Street trees are required along the frontage of each property,
to be planted 40 feet on center, and they shall be a minimum of two-and-one-half-inch
caliper at the time of planting.
(13)
All other standards of this chapter not in conflict with the
above are applicable to the Highway Commercial Design District.
[Amended 1-20-1993 by Ord. No. 93-008]
In the HC Highway Commercial Design District II, the following
shall apply:
A.
Purpose; location.
(1)
The purpose of the HC Highway Commercial Design District II zone
is to provide convenient, aesthetically pleasing and pedestrian-sensitive
areas for shopping for the citizens of Hamilton and for highway users
in general, without compromising the carrying capacity of the highways.
It is intended that this can be achieved by improving circulation
between sites by encouraging shared access and shared parking and
by providing yard criteria that encourage rear and side yard parking.
(2)
This district overlay is for the HC Highway Commercial Zone along
Chambers Street, between Cedar Lane and South Broad Street, and along
South Broad Street between Cedar Lane and Park Avenue, including the
property zoned HC Highway Commercial on the northeast corner of South
Broad Street.
B.
Principal permitted uses on the land and in the buildings.
(1)
All uses permitted in the NC Neighborhood Commercial and CC Community
Commercial Zones, subject to the requirements of those zones in addition
to the requirements of the HC Highway Commercial Design District II
Zone.
(2)
Restaurants, bars and taverns.
(3)
Automobile parts store.
(4)
Beverage store.
(5)
Bicycle sales, rental or repair.
(6)
Blueprinting, copy or facsimile store.
(7)
Buildings used exclusively by the federal, state, county or local
municipal government for public purposes.
(8)
Cabinet and woodworking shop.
(9)
Catering establishment.
(10)
Furniture and furnishings, sale of.
(11)
Museum.
(12)
Art gallery.
(13)
Antique store.
(14)
Laboratory serving medical and dental requirements.
(15)
Parcel delivery station.
(16)
Pet shop, not involving the treatment or boarding of cats and
dogs.
(17)
Printing, lithography, publishing and photostating establishments.
(18)
Taxidermist.
(19)
Theater, not including drive-in or open air.
(21)
Office furniture, appliances and office supply business.
(22)
Supermarkets.
(23)
One residential unit permitted on ground floor of existing buildings.
[Added 1-2-2019 by Ord.
No. 18-067]
C.
Area and yard requirements.
|
HC Highway Commercial Design District II
| |||
|---|---|---|---|
|
Minimum requirements
| |||
|
Principal building:
| |||
|
Lot area (square feet)
|
5,000
| ||
|
Lot frontage (feet)
|
50
| ||
|
Lot width (feet)
|
50
| ||
|
Lot depth (feet)
|
100
| ||
|
Side yard (feet)
|
10
| ||
|
Rear yard (feet)
|
35
| ||
|
Front yard (feet)
|
0
| ||
|
Accessory building:
| |||
|
Distance to side line (feet)
|
10
| ||
|
Distance to rear line (feet)
|
20
| ||
|
Distance to other building (feet)
|
10
| ||
|
Maximum requirements
| |||
|
FAR
|
0.6
| ||
|
MIS (percent)
|
80%
| ||
D.
General requirements.
(1)
Any principal building may contain more than one use and/or organization,
provided that the total FAR and MIS of the combined activities does
not exceed the maximum FAR and MIS specified for the district; and
provided, further, that each permitted activity occupies a minimum
750 square feet gross floor area.
(2)
No merchandise, products, equipment or similar material or objects
shall be displayed or stored outside.
(3)
A minimum buffer area of 10 feet in width shall be provided along
any common property line with a residential district. Buffers are
to be suitably landscaped to reduce the negative impact of parking
areas on adjacent property owners. No parking is to take place within
the buffer, except that, in the case of a common alley, the alley
may be within the buffer area. In conjunction with a common alley,
a minimum five-foot landscaped buffer is required.
(4)
Along each street line, brick sidewalks shall be provided. Street
trees shall be planted 40 feet on center along the property frontage
and they shall be a minimum of two-and-one-half-inch caliper at the
time of planting. Street amenities such as benches, landscape strips,
landscape planters and bicycle racks shall be provided where possible.
(6)
Parking and loading. All parking and loading is to be located at
the rear or side of the building, where practical. Access is to be
controlled through the rear of the property, where practical, using
the common alley system. All spaces for nonresidential uses shall
be provided within a five-hundred-foot radius of the building and
on the same side of South Broad Street or Chambers Street to which
such facilities are appurtenant. When practical difficulties prevent
the establishment of off-street parking facilities upon the same lot
with the use or building to be served, the Zoning Board of Adjustment
or Planning Board may, after public hearing and notice and subject
to appropriate conditions, permit the following exemption:
(a)
Required off-street parking facilities may be established on
another lot or parcel, provided that such substitute facility is located
within a five-hundred-foot radius of the building or premises and
on the same side of South Broad Street or Chambers Street to which
such facilities are appurtenant. Such off-street parking facilities
and accessways shall be reserved for such use by deed covenants or
agreements which subject their control to the Township under conditions
approved by the Board.
(b)
Required off-street parking requirements may be reduced where
public parking facilities exist within a five-hundred-foot radius
of the building or premises and on the same side of South Broad Street
or Chambers Street to which such facilities are appurtenant. Applicants
must demonstrate that parking is available in said facility. Upon
review and conditions approved by the Board, the applicant's parking
requirement may be reduced by a number deemed appropriate by the Board.
(c)
In the case of residential uses, on-site parking must be provided
at a rate of two spaces per unit.
(7)
Signage. Two facade signs not to exceed, in aggregate, 10% of the
front facade are permitted, one each on the front and rear facade
of the building.
(8)
Awnings are encouraged, where appropriate, and they will not be considered
in setback calculations.
(9)
Where appropriate, rear alleys will provide vehicular and service
access to the site. Alleys shall be a minimum of 24 feet in width
and shall be a minimum of 10 feet from the rear property line. Alleys
will not be considered in MIS calculations.
(10)
Alleys and/or rear property lines must be adequately buffered
from adjacent residential zones. Buffers shall take the form of landscaping,
walls, fences or a combination, as deemed appropriate by the Planning
Board or Zoning Board of Adjustment. The goal is to reduce the negative
impacts of commercial uses on residential uses.
(11)
Planters and landscape strips shall be required along the sidewalk
within the frontage of the site. The form and appropriateness of the
landscaping shall be determined by the Planning Board or Zoning Board
of Adjustment. The goal is to provide an aesthetically pleasing environment
for the pedestrian areas of the sidewalk and commercial area.
E.
Maximum building height. No building shall exceed 35 feet in height.
G.
Accessory uses permitted:
(1)
Off-street parking.
(3)
Garages (community and private only).
(4)
Storage buildings associated with the principal use only.
(5)
Temporary construction trailers and one sign, not exceeding 100 square
feet, advertising the prime contractor, subcontractor(s), architect,
financing institution and similar data for the period of construction
beginning with the issuance of a construction permit and concluding
with the issuance of a certificate of occupancy or one year, whichever
is less, provided that said trailer(s) and sign are on the site where
construction is taking place and are set back at least 15 feet from
all street and lot lines.
H.
Architectural design standards. For architectural design standards see § 550-112 of this chapter.
I.
Source-separation or recycling plan. See § 500-134 of this
chapter for requirements.
[Amended 12-21-2011 by Ord. No. 11-043; 4-7-2020 by Ord. No. 20-015]
In the Special Housing Zone I, the following shall apply.
B.
Principal permitted uses. Principal permitted uses on land and in
the building shall be as follows:
(1)
Detached single-family dwelling units in accordance with R-7 Zone
standards and/or zero-lot-line single-family detached dwelling units
on minimum lots of 5,000 square feet.
(2)
Public parks and playgrounds, conservation areas and public purpose
uses, but not including amusement parks or similar uses which detract
from the natural rural characteristics of the district or are operated
for profit.[1]
(3)
Buildings used exclusively by the federal, state, county or local
municipal governments.
C.
Accessory uses. Accessory uses permitted shall be as follows:
(3)
Private residential tool or garden sheds, not to exceed 12 by 12
feet and located three feet from property lines.
(4)
Off-street parking and private garages attached to the principal
building.
(5)
Fences, which shall be uniform and adhere to the height and style
of the primary fencing as established during the subdivision process.
(6)
The keeping of not more than two domestic animals over six months
old for individual domestic purposes.
(7)
One temporary sales office per subdivision, whose location is to
be approved by the Division of Planning and Zoning, only for the period
of construction, renting or sale of the permitted use.
(8)
Amateur radio antennas and antenna support structure not to exceed
45 feet in height, unless the structure is retractable. The height
of a retractable antenna structure shall not exceed 45 feet when the
structure is not being used for the transmission and/or reception
of amateur radio signals and 65 feet when the structure is fully extended
and in use for the transmission and/or reception of amateur radio
signals.
(9)
Roof-mounted solar or photovoltaic energy-generating facility.
E.
Area and yard requirements. Area and yard requirements shall be as
follows:
|
Special Housing Zone I
| ||
|---|---|---|
|
Requirement
|
R-7
|
Zero Lot Line
|
|
Lot area (square feet)
|
7,000
|
5,000
|
|
Lot frontage (feet)
|
70
|
50
|
|
Lot width (feet)
|
70
|
50
|
|
Lot depth (feet)
|
90
|
90
|
|
Side yard (feet)
|
10 (each side)
|
15 (1 side only)
|
|
Front yard (feet)
|
25
|
20
|
|
Rear yard (feet)
|
25
|
20
|
|
Maximum building coverage (percent)
|
25%
|
35
|
F.
Parking. Each individual use shall provide parking spaces according
to the following minimum provisions.
(1)
Where a permitted use of land includes different specific activities
with different specific parking requirements, the total number of
required parking spaces shall be obtained by individually computing
the parking requirements for each different activity and adding the
resulting numbers together.
H.
General requirements.
(1)
Streets shall include a cartway of 34 feet within a right-of-way
of 50 feet.
(2)
Buffers. There shall be a twenty-five-foot-deep buffer along South
Broad Street (measured from the right-of-way line), which shall contain
landscaping and a minimum three-foot-high berm with a minimum grade
ratio of three to one, and which shall be incorporated into the rear
yard setback of lots adjoining South Broad Street.
(3)
Roof overhangs/eaves may extend over the lot line up to a maximum
of 18 inches when associated with zero-lot-line dwellings.
(4)
It is required that on-site active recreation facilities on at least
a single, contiguous one-half-acre lot designated for such use be
provided in lieu of all contributions required for recreation.
[Added 12-18-1996 by Ord. No. 96-060; amended 12-16-1998 by Ord. No.
98-045; 12-21-2011 by Ord. No. 11-043]
In the Special Housing Zone II or IIA, the following shall apply:
A.
Purpose; location.
(1)
The purpose of this zone district is to implement the Housing Element
and Fair Share Plan, as accepted, which granted substantive certification
of the New Jersey Council on Affordable Housing (COAH).
(2)
The zone encompasses only Lot 34 (1.44 acres) and a portion of Lot
107 in Section 282, which encompasses 4.76 acres and extends 399.7
feet in an easterly direction along Leonard Avenue from Lot 34.
(3)
Special Housing Zone IIA encompasses only Lot 3 (+10 acres) in Section
2154.
B.
Principal permitted uses. Principal permitted uses on land and in
the building shall be as follows:
(1)
Apartments which would be age-restricted for senior citizens and
apartments for the disabled who may also be senior citizens. Occupants
of these apartments must meet the income criteria established by COAH.
(2)
Public parks and playgrounds, conservation areas and public purpose
uses, but not including amusement parks or similar uses which detract
from the natural rural characteristics of the district or are operated
for profit.
(3)
Buildings used exclusively by the federal, state, county or local
municipal governments.
C.
Accessory uses. Accessory uses permitted shall be as follows:
E.
Area and yard requirements. Area and yard requirements shall be as
follows:
|
S2 Special Housing
| |||
|---|---|---|---|
|
Minimum Requirements
| |||
|
Principal building:
| |||
|
Lot area (acres)
|
6
| ||
|
Lot frontage (feet)
|
45
| ||
|
Lot width (feet)
|
45
| ||
|
Lot depth (feet)
|
200
| ||
|
Side yard, each (feet)
|
50
| ||
|
Front yard (feet)
|
50
| ||
|
Rear yard (feet)
|
50
| ||
|
Accessory building:
| |||
|
Distance to side line (feet)
|
25
| ||
|
Distance to rear line (feet)
|
25
| ||
|
Distance to principal building (feet)
|
25
| ||
|
Maximum Requirements
| |||
|
Building coverage (percent)
|
20%
| ||
[Added 2-5-1997 by Ord. No. 97-005; amended 4-7-1999 by Ord. No.
99-009; 12-20-2000 by Ord. No. 00-057]
In the Planned Retirement Development Overlay Zone and the Planned
Retirement Development Zone, the following shall apply:
A.
Purpose; location.
(1)
The purpose of a planned retirement development is to provide for
a variety of dwelling unit types and/or health care facilities and
services in the Township for the elderly population which is growing
both locally and in the county and State of New Jersey. Dwelling units
in a planned retirement development are intended for mature adults,
55 years of age or older, and contain a variety of housing types and
services to satisfy a wide range of life styles. A planned retirement
development shall contain recreational support facilities and may
include health care facilities specifically designed for these individuals.
(2)
This overlay zone is for tract areas as identified on the Land Use
Plan Map and Zoning Map. An entire tract area or portion thereof may
be the subject of a planned retirement development application.
B.
Principal permitted uses. Principal permitted uses on the land and
in the buildings shall be as follows:
(1)
Any principal permitted use, accessory use or other use permitted
in the underlying zoning district shall continue to be allowed in
accordance with the standards specified for such uses found in the
appropriate section of this chapter.
(2)
A planned retirement development, subject to the following additional
requirements and conforming to the findings of a planned development
as defined by the Municipal Land Use Law, N.J.S.A. 40:55D-45, and
in accordance with an approved general development plan:
(a)
The following uses are principal permitted uses in a planned
retirement development, provided they meet the standards in this section.
1.
Detached single-family.
2.
Semidetached two-family.
3.
Single-family zero-lot-line.
4.
Semidetached zero-lot-line.
5.
Townhouse.
6.
Multifamily.
7.
Independent living facilities.
8.
Assisted living/congregate care facilities.
9.
Nursing home.
10.
Existing single-family homes existing at the time of this section (dated December 20, 2000) located only in the Planned Retirement Development Zone. These homes are subject to the bulk and yard requirements of the R-25 Zone in § 550-73B(4) and (7).
(b)
Age-restricted units (single-family detached, two-family semidetached,
single-family zero-lot-line, zero-lot-line semidetached, townhouse
and multifamily) shall be developed at a gross density of not more
than six dwelling units per acre, excluding any acreage devoted to
independent living, assisted living/congregate care and nursing home
facilities. All age-restricted units shall be grouped or located together
in proximity to recreational facilities, open space, sidewalk and
bike path systems. The developer shall be required to provide facilities
for the maintenance and administration of the development.
(c)
Conversion or redevelopment of existing structures at the time
of adoption of this article to age-restricted, independent living,
assisted living or congregate care, and nursing home facilities shall
be subject to site plan review and the following requirements:
1.
The conversion of an existing structure(s) shall only be permitted
where the architectural character of the existing structure(s) is
improved and where all off-street parking and building height requirements
found in this article are addressed to the satisfaction of the Planning
Board.
2.
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 article on which a conversion is proposed shall
be further reduced in size.
3.
Except as otherwise provided in this article, there shall be
no minimum lot width or frontage, no minimum building setback, no
maximum percentage of lot coverage, no requirement as to front, side
or rear yards, and no requirement concerning the location of accessory
buildings or structures. However, no conversion or redevelopment plan
shall be approved unless the lot areas, widths, depths and frontages,
building setbacks, percentages of lot coverage, front, side and rear
yards, and locations of accessory buildings or structures provided
for in the site plan are consonant with the public health, safety
and general welfare.
4.
Open space and recreational and cultural facilities shall be
provided to the satisfaction of the Planning Board.
5.
A ten-foot landscaped and fenced buffer shall be located along
all property lines abutting nonresidential uses. Provision may be
made for a lighted pathway to any adjacent commercial use deemed by
the Township to be advantageous for elderly citizen use.
6.
Landscaping and fencing buffering shall be located along all
property lines abutting residential uses where deemed appropriate
by the Township.
(d)
Recreational and cultural facilities for the use of the residents
of the development and their guests, including the following: clubhouse,
in-ground community swimming pool, and picnic grounds. Recreational
and cultural facilities shall not be limited to the foregoing so that
the applicant and Planning Board may propose additional facilities.
All such facilities shall be subordinated to the residential character
of the development.
(e)
Accessory uses and accessory buildings incidental to a planned
retirement development.
1.
Off-street parking.
2.
The following accessory uses shall be permitted in a planned
retirement development within a building(s) that also contains independent
living, assisted living or congregate care, and nursing home units;
recreational facilities, physical therapy facilities, entertainment
facilities, libraries, food preparation facilities, dining facilities,
laundry and linen service facilities, nursing services, housekeeping
services, limited health care facilities and services including nursing
beds, security facilities, administrative offices, staff facilities,
storage and maintenance, chapels, temporary guest lodging facilities;
and limited commercial service facilities, such as banking facilities,
post office, drugstore, barbershops and beauty parlors, facilities
for the sale of sundries, personal articles, newsstand, gift shop,
food and similar convenience products for the residents, snack/coffee
shop and such other uses as are customarily associated with and subordinate
to the principal permitted uses. No outdoor advertisement for these
facilities shall be permitted.
3.
Fences and walls, which shall be uniform in size and materials
and complement the architectural style, type and design of the dwelling
unit and the overall project design, as established during the site
plan review and approval process. All fences and walls shall be constructed
when the development is constructed.
4.
Decks and patios, which shall be uniform in size and materials
and complement the architectural style and design of the dwelling
unit and the overall project design, as established during the site
plan review and approval process. All decks and patios shall be constructed
when the development is constructed.
5.
Signage. A coordinated sign package must be provided for review
prior to final approval. The size, location, design, color, texture,
lighting and materials of all temporary and permanent signs shall
not detract from the design of proposed buildings and structures and
the surrounding properties.
6.
An area devoted to off-residence storage and recreational vehicle
parking for residence use only, subject to Planning Board review and
approval.
7.
Entrance gatehouses, provided such structure(s) are located
along entrance roadway(s) to the property, are located outside of
any required sight triangle, and are designed to complement the architectural
style and the overall project design.
8.
Temporary construction trailer(s) and one sign, not exceeding
100 square feet, advertising the prime contractor, subcontractor(s),
architect, financial institution and similar data for the period of
construction beginning with the issuance of a construction permit
and concluding with the issuance of a certificate of occupancy or
one year, whichever is less, provided that said trailer(s) and sign
are on the site where construction is taking place and are set back
at least 15 feet from all street and lot lines.
(3)
Conservation areas.
(4)
Public recreational and community center buildings and grounds.
(5)
Parks and playgrounds, but not including amusement parks or similar
uses which detract from the characteristic of the district or are
operated for profit.
C.
The following shall be the bulk, area and general regulations for
a planned retirement development.
(1)
Lot sizes and dimensions, yard sizes and building arrangements may
be freely disposed and arranged for age-restricted units, provided
that the planned retirement development conforms to a general development
plan approved by the Planning Board pursuant to the applicable provisions
contained in this chapter and in accordance with the following minimum
standards:
(a)
End wall (no openings) to end wall: 12 feet minimum.
(b)
Any building face to street curb: 20 feet minimum.
(c)
End wall to window wall: 30 feet minimum, except for zero-lot-line
dwelling units, which shall be separated a minimum of 10 feet.
(d)
Any building face to parking area: 12 feet minimum.
(e)
Window wall to window wall: 30 feet minimum; except for multifamily
units, which shall be separated a minimum of 75 feet.
(g)
The following minimum standards shall apply if individual lots
are proposed for single-family, two-family, townhouse and multifamily
age-restricted units:
|
Single-Family Detached
| |
|
Minimum lot area
|
5,000 square feet
|
|
Minimum lot frontage and width
|
50 feet
|
|
Minimum lot depth
|
100 feet
|
|
Minimum front yard setback
|
20 feet
|
|
Minimum side yard setback
|
10 feet
|
|
Minimum rear yard setback
|
25 feet
|
|
Maximum impervious coverage
|
40%
|
|
Two-Family Semidetached
| |
|
Minimum lot area
|
6,000 square feet
|
|
Minimum lot frontage and width
|
80 feet
|
|
Minimum lot depth
|
75 feet
|
|
Minimum front yard setback
|
20 feet
|
|
Minimum side yard setback
|
10 feet
|
|
Minimum rear yard setback
|
20 feet
|
|
Maximum impervious coverage
|
40%
|
|
Single-Family Zero-Lot-Line
| |
|
Minimum lot area
|
5,000 square feet
|
|
Minimum lot frontage and width
|
50 feet
|
|
Minimum lot depth
|
100 feet
|
|
Minimum front yard setback
|
20 feet
|
|
Minimum side yard setback
|
0/10 feet
|
|
Minimum rear yard setback
|
15 feet
|
|
Maximum impervious coverage
|
40%
|
|
Zero-Lot-Line Semidetached
| |
|
Minimum lot area
|
6,000 square feet
|
|
Minimum lot frontage and width
|
65 feet
|
|
Minimum lot depth
|
90 feet
|
|
Minimum front yard setback
|
20 feet
|
|
Minimum side yard setback
|
0/10 feet
|
|
Minimum rear yard setback
|
15 feet
|
|
Maximum impervious coverage
|
40%
|
|
Townhouse (fee simple)
| |
|
Minimum lot area
|
2,000 square feet
|
|
Minimum lot frontage and width
|
20 feet
|
|
Minimum lot depth
|
100 feet
|
|
Minimum front yard setback
|
20 feet
|
|
Minimum side yard setback
|
10 feet (end units)
|
|
Minimum rear yard setback
|
10 feet
|
|
Maximum impervious coverage
|
75%
|
|
Multifamily
| |
|
Minimum distance from internal roads
|
25 feet
|
|
Window wall to window wall
|
75 feet
|
|
Window wall to end wall
|
30 feet
|
|
End wall to end wall
|
12 feet
|
|
Building face to parking
|
12 feet
|
|
Building face to street curb
|
20 feet
|
(h)
Minimum lot frontage, width, depth and yard setback requirements
shall not be regarded as inflexible, nor shall they be applied in
a manner that will adversely affect full implementation of a plan
of development. The attainment of these requirements shall not be
considered justification for building placement and proper site plan
design without other considerations set forth in this article.
(2)
All age-restricted units, except multifamily, shall be provided with
garages, and all independent living units shall be provided with carports.
(3)
All uses will be serviced by public water and sewer systems.
(4)
Total impervious surface coverage for the tract area devoted to age-restricted
units shall be 40%.
(5)
All units shall be designed in such a manner as to provide maximum
security and visual privacy from adjacent dwelling units and other
buildings. For zero-lot-line units, no windows of an adjoining unit
shall face the private outdoor living space of another unit. Walls
placed on lot lines shall not contain window openings on living spaces,
and cross-lot easements shall be provided so that adjacent lot owners
and/or homeowners' association may gain access to their dwellings
for the purposes of maintenance and repairs.
(6)
No portion of any principal permitted use or parking lot shall be
located closer than 50 feet from a tract boundary line, 75 feet from
any off-site road right-of-way line, or 100 feet from any common property
line with a nonresidential use or nonresidential zoning district.
A twenty-five-foot-wide landscaped buffer shall be installed within
these setback areas to diminish the visual encroachment of residential
privacy and residential neighborhood characteristics of a planned
retirement development. Age-restricted units shall be separated from
all other on-site principal permitted uses by at least 100 feet. These
setback and landscape buffer requirements may be increased by the
Planning Board if more than 50% of a planned retirement development's
total site acreage is occupied by independent living, assisted living/congregate
care facilities or nursing homes, and these setback and landscape
buffer requirements may be reduced by the Planning Board if the applicant
can demonstrate that additional landscaping, fencing and/or earth
berming will protect residents from negative visual and physical impacts.
(7)
There shall be a minimum unit setback of 200 feet from an existing
interstate road right-of-way or existing railroad right-of-way. Sound-attenuation
systems, barriers or devices, to include but not be limited to walls,
landscaping and earth berming capable of reflecting noise, shall be
placed within the setback area parallel to the right-of-way. Units
placed immediately adjacent to the road right-of-way or railroad right-of-way
shall also be architecturally and structurally designed to mitigate
noise impacts. Sound-attenuation systems shall be designed to meet
New Jersey Department of Transportation guidelines.
(8)
Adequate off-street parking facilities for residents, employees and
visitors of a planned retirement development shall be provided as
follows:
(a)
Age-restricted units, except for multifamily units: two off-street
spaces per unit, at least one of which must be provided in a garage,
plus 0.25 space per unit for visitors.
(b)
Age-restricted multifamily units: 1.25 spaces for each one-bedroom,
1.75 spaces for each two-bedroom, and two spaces for each three-bedroom
unit, plus 0.25 space per unit for visitors.
(c)
Independent living unit: 1.00 space per unit, plus 0.25 space
per unit for visitors.
(d)
Assisted living and congregate care unit: 0.5 space per unit
plus one additional parking space for each employee on the largest
shift.
(e)
Nursing home unit: 1.0 space per bed.
(f)
Clubhouse: 1.0 space for every four age-restricted units, except
that this requirement may be modified by the Planning Board to the
extent that other conveniently accessible and available parking could
feasibly be substituted. All off-street parking areas shall be visually
defined along their perimeter by a fence, wall, hedge, tree line or
earth berming, or some combination thereof.
(9)
No building may exceed 35 feet or 2 1/2 stories in height, except
as provided in the following provisions: independent living facilities,
assisted living and congregate care and nursing home units may not
exceed 45 feet in height or three stories. The exterior walls of all
independent living, assisted living, congregate care and nursing home
buildings shall be accessible for fire protection purposes.
(10)
All utilities shall be installed underground.
(11)
Sufficient individual or common areas and/or equipment shall
be made available for each dwelling unit for the laundering and artificial
drying of laundry by occupants of each dwelling unit.
(12)
An on-site security system may be provided for a planned retirement
development including entrance gatehouse, fences, walls and supporting
service buildings.
(13)
All freshwater wetlands shall be protected in accordance with
the New Jersey Freshwater Wetlands Protection Act.
(14)
Recreational and cultural facilities shall be readily accessible
to all residents of the planned retirement development via sidewalks
and/or bike paths.
(15)
Open space shall be distributed throughout the development in
an equitable manner.
(16)
Natural features and critical areas, such as treed areas, scenic
views; historic sites; natural terrain including steep slopes and
open waters; wetlands and associated buffers; wildlife corridors;
natural drainage lines; open space of high ecological value; and other
community assets shall be preserved as much as possible in designing
any planned retirement development containing such features. On individual
lots or parcels, care shall be taken to preserve selected trees as
determined by the Planning Board to enhance the landscape treatment
of the development. Clearing trees and shrubs from a lot or filling
around trees on a lot shall not be permitted unless it can be shown
that grading, construction requirements, and/or proposed building
locations necessitate removal of trees, in which case treed portions
of those lots or other lots that are designated by the Planning Board
to be of environmental value shall be replanted with native trees.
(17)
If a development is to be staged over a period of years, a phased
development plan with net density of the land development in each
phased area shall be shown with a timetable for development.
(18)
Properties affected by the Township land use plan road system
shall be required to construct that portion of the Township land use
plan roadway that traverses their property.
(19)
During land development review, the following criteria shall
be addressed to the satisfaction of the Planning Board:
(a)
Consistency with this chapter.
(b)
The function and visual relationship between the planned retirement
development and adjacent developments.
(c)
Orientation of buildings so as to take advantage of passive
solar heating, summer breezes and views of floodplains and other natural
features and critical areas while minimizing exposure to winter winds.
(d)
Sidewalks and bike paths, which are linked to off-site sidewalk
and bike path networks.
(e)
Minimization of glare, noise and visual intrusion of parking
lots to external roadways and adjacent developments through grading,
landscaping and/or earth berms.
(20)
The following standards shall only apply to independent living,
assisted living, congregate care, and nursing home buildings that
do not involve conversion or redevelopment of existing structures:
(a)
The minimum lot area shall be five acres.
(b)
The minimum lot width at the front building setback line shall
be 100 feet.
(c)
The minimum front yard setback shall be 75 feet.
(d)
There shall be two side yards no less than 100 feet in aggregate
width, and neither yard shall be less than 50 feet.
(e)
There shall be a rear yard with a depth of not less than 50
feet.
(f)
Not more than 30% of the lot area may be occupied by buildings.
(g)
The maximum impervious surface coverage shall be 50%.
(h)
The maximum floor area ratio shall be 0.40.
(i)
A ten-foot landscaped and fenced buffer shall be located along
all property lines abutting nonresidential uses. Provision may be
made for a lighted pathway to any adjacent commercial use deemed by
the Township to be advantageous for elderly citizen use.
(j)
Landscaping and fencing buffering shall be located along all
property lines abutting residential uses where deemed appropriate
by the Township.
D.
No age-restricted, independent living, assisted living, congregate
care or nursing home unit shall be constructed unless the following
minimum design standards are met. The design and location of all buildings
and recreational facilities must be consistent with the ultimate purpose
of achieving independent, self-reliant and pleasant living arrangements
and shall take into account the desires and needs of older persons
for privacy, participation in social community activities and access
to community facilities. At the same time, provision shall be made
to accommodate the limitations that sometimes accompany advanced years
so that independent living can be sustained as long as possible. The
applicant shall show in detail how the development design criteria
considers this criteria. The following design elements shall be required
in a planned retirement development:
(1)
Single-family and two-family units shall be placed into small groupings
such as clusters or courts. Groupings shall be visually reduced in
size by using garden walls, gates, fences and variable landscape layouts.
(2)
Building exteriors shall have vertical and/or horizontal offsets
to create visual breaks on the exterior.
(3)
A variety of building heights is encouraged in a single development.
(4)
A variety of building setbacks, rooflines, color schemes, and elevations
shall be required in the development to avoid a repetitious or monotonous
streetscape.
(5)
The exteriors of all buildings in the development, including accessory
buildings, shall conform architecturally and be constructed of materials
of like character.
(6)
Each age-restricted building and combined complex of units shall
have a compatible architectural theme with variations in design to
provide attractiveness to the development, which shall include consideration
of landscaping techniques, building or orientation to the site and
to other structures, topography, natural features and individual dwelling
unit design, such as varying unit width, staggering unit setbacks,
providing different exterior materials, changing rooflines and roof
designs, altering building heights and changing types of windows,
shutters, doors, porches, colors and vertical or horizontal orientation
of the facades, singularly or in combination, for each unit.
(7)
In order to prevent the development of long and monotonous buildings
and ridgelines, which serve to increase the sense of density, lack
interest and liken the development to a barracks, overall structures
of attached townhouses shall consist of no more than eight townhouse
dwelling units. There shall be at least three different ridgeline
heights in each overall structure of attached townhouses, which shall
vary by at least three feet. In any overall structure of attached
townhouses, no more than two adjacent dwelling units shall have the
same setback. Setbacks shall vary by at least eight feet.
(8)
The monotony of long overall structures of attached townhouses is
considerably diminished when such structures are sited on gently rolling
lands. In such instances, the Planning Board may approve the construction
of overall structures of attached townhouses containing nine or 10
townhouse dwelling units.
(9)
All units shall be connected to approved and functioning public water
and sanitary sewer systems. Prior to approval, an applicant must obtain
a certificate from the appropriate agency allocating capacity in the
system to the development.
(10)
Each development shall provided for the removal of trash and
garbage. Storage of trash and garbage shall be subject to Planning
Board review and approval.
(11)
The development plan for the site, its developed facilities
and the interior of residential units must be specifically designed
to met the potential physical and social needs and visual, auditory,
ambulatory and other impairments that may affect older persons, particularly
as residents age in place.
(12)
There shall be provided a safe and convenient system of sidewalks
and bike paths accessible to all occupants. Due consideration should
be given in planning walks, paths and ramps to prevent slipping or
stumbling. Handrails and ample space for rest shall be provided. All
walks, paths and risers shall be designed according to the requirements
of the Americans with Disabilities Act (ADA). When required, sidewalks
shall be at least five feet wide and bike paths six feet wide, as
approved by the Planning Board.
(13)
Artificial lighting shall be provided along all walks, paths
and interior roads and driveways and in all off-street parking areas
with sufficient illumination for the safety and convenience of older-age
residents, depending on anticipated night-time use.
E.
Open space and recreation requirements.
(1)
Open space shall be optimally related to the overall plan and design
of the development and improved to best suit the purpose(s) for which
it is intended. No less than 20% (less existing and proposed road
rights-of-way) shall be devoted to conservation, open space and/or
recreational purposes. All flood hazard areas plus wetlands and wetland
buffers shall be retained in open space. Individual residential lots
or portions thereof shall not be construed as open space. Such designated
open space shall be on major contiguous parcels inter-spaced among
grouping of residential dwellings and shall be interconnected with
open space areas on abutting parcels, having adequate access to public
roads and consisting of land developed for specific recreational purposes.
Open space areas for purposes of this calculation shall not include,
among other things, courtyards and cul-de-sac islands.
(a)
Active and passive recreational facilities shall be provided
in a planned retirement development for the use and enjoyment of the
residents of the planned development and their guests, which shall
consist of the following: an in-ground community swimming pool provided
with an improved sitting area, contiguous to all sides of the pool,
having an area two times the water surface area of the pool; there
shall be not less than 25 square feet of floor area per dwelling unit
provided in a clubhouse with meeting rooms, multipurpose space, fully
equipped game rooms, art and craft rooms, fully equipped kitchen,
office space and service facilities; shuffleboard and horseshoe courts;
regulation doubles tennis courts; exercise areas and stations; picnic
facilities; outdoor sitting areas; gardening areas with a communal
greenhouse; and a system of handicapped-accessible sidewalks, bike
paths, roads and shared drives. The location of such recreational
facilities shall be carefully planned to provide privacy for the users
and to avoid problems of noise, lighting and similar nuisances which
might interfere with their use and enjoyment by residents of the development.
(b)
The design and use of open space areas shall protect the natural
resources and qualities of the site, including the natural terrain,
woodlands, significant views and any unique and unusual features.
Open space other than that preserved for its natural values shall
be suitably landscaped. All structures within open space areas shall
be sited so as to retain their visual appeal. The Planning Board shall
require active and/or passive recreational facilities and such grading,
drainage, planting, walkways, fencing, lighting and such other improvements
in open space as may be necessary to enhance the intended open space
and recreational uses or accept a contribution in lieu of making such
improvements.
(c)
Payments in lieu of improvements shall be deposited in a dedicated
recreation trust fund and may be commingled with other deposits and/or
municipal or other governmental appropriations intended for recreation
purposes.
(d)
Within open space areas, the Planning Board may require the
developer to make certain site preparation improvements, which may
include but are not limited to the following: preservation and/or
relocation of existing trees; removal of dead or diseased trees; thinning
of trees or other growth to encourage more desirable growth; removal
of trees in areas planned for ponds, lakes or active recreational
facilities; grading and seeding; improvement or protection of the
natural drainage system through the use of protective structures,
stabilization measures and similar improvements; improvement and landscaping
of ponds and lakes to afford appropriate use and enjoyment by the
residents; and generally cleaning up the site by removing trash, debris
and any hazardous materials.
(2)
Land to be devoted to public purposes may be offered to the Township
or may be owned and maintained by an open space organization. Any
lands intended to be offered to the Township for public purposes shall
be so declared prior to preliminary approval. All lands not offered
to and/or not accepted by the Township shall be owned and maintained
by an open space organization.
(3)
All bike paths in the planned retirement development next to Veterans'
Park must connect with the existing system in Veterans' Park.
F.
Design guidelines for all planned retirement developments adjacent
to the Planned Town Center Zone in Robbinsville Township.[1]
(1)
The development shall be encouraged to reflect a development pattern
that closely matches the Robbinsville Township Land Use Plan and implementing
ordinances to:
(a)
Provide a radial and axial street pattern that interconnects
with existing and proposed uses and links neighborhoods together.
(b)
Provide a layout of streets and open space edges which encourages
pedestrian and bike path connections.
(c)
Provide small parks and squares and a defined peripheral green
park or open space.
(d)
Encourage an efficient use of land and public services, reflect
changes in technology of land development, and direct a new development
in a pattern that resembles a traditional mixed-use pattern.
(e)
Promote the creation of new neighborhoods and developments that
exhibit the design features of traditional neighborhoods and small
towns in Mercer County.
(f)
Promote the creation of places which are oriented to the pedestrian,
promote citizen security, and social interaction.
(g)
Promote the creation of developments that are identifiable in
the landscape, surrounded by open space, and help to preserve sensitive
natural features.
[Added 7-2-1997 by Ord. No. 97-019; amended 12-21-2011 by Ord. No.
11-043]
A.
Purpose; location.
(1)
The purpose of a mixed-use train station development is to provide
for a variety of land use types that complement adjacent uses and
service users of the nearby train station and residents of the Township;
to ensure compatibility among land uses; to encourage the highest
quality design and architecture; to encourage better movement and
transportation of people; and to prevent strip development.
(2)
This overlay zone is for tract areas as identified on the Land Use
Plan Map and Zoning Map. An entire tract area or portion thereof may
be the subject of a mixed-use train station development application.
B.
Design; subdivision; etc. A mixed-use train station development shall
be conceived, designed, subdivided and site planned as a single complex
and in accordance with an approved concept site plan and concept subdivision
plan.
C.
Principal permitted uses. Principal permitted uses on the land and
in the building(s) shall be as follows:
(1)
Any principal permitted use, accessory use and other use permitted
in the underlying zoning district shall continue to be allowed in
accordance with the standards specified for such uses found in the
appropriate section of this chapter.
(2)
The following principal commercial uses as defined herein, as identified in §§ 550-76B, 550-77B, 550-78B and 550-79B, shall be permitted on the land and in buildings within a mixed-use train station development.
(a)
Principal permitted uses on the land and in buildings as found in § 550-76B:
|
Bakery
|
|
Periodicals and newspapers
|
|
Barber and beauty shops
|
|
Book or gift store
|
|
Candy store and/or fountain
|
|
Ice cream store
|
|
Sporting goods store
|
|
Video store
|
|
Combination of two or more of the above-permitted uses in one
principal building.
|
(b)
Principal permitted uses on the land or in buildings as found in § 550-77B:
|
Restaurants, bars and taverns, excluding drive-in
|
|
Banks, including drive-in facilities
|
|
Florist
|
|
Offices, business and professional
|
|
Combinations of two or more of the above-permitted uses in one
principal building
|
(c)
Principal permitted uses on the land and in buildings as found in § 550-78B:
|
Bowling alleys
|
|
Bicycle sales, rental or repair
|
|
Miniature golf
|
|
Billiard hall
|
|
Combinations of two or more of the above-permitted uses in one
principal building
|
(d)
Principal permitted uses on the land and in buildings as found in § 550-79B:
|
All forms of Township land uses, including but not limited to
public playgrounds, conservation areas, parks, public purpose uses
and publicly owned/privately maintained and operated recreation facilities
|
|
Radio or television broadcasting station, including studios,
auditoriums and other rooms for performances and including office
and other space incident to and necessary for the principal use, exclusive
of broadcasting towers and antennas
|
|
Theater, not including a drive-in theater
|
|
Museums, exhibition halls, art galleries, libraries, music conservatories
or instruction, art, photographic and dance studios and other cultural
facilities of a similar nature
|
|
Indoor tennis, racquetball, squash and handball courts
|
|
Combinations of two or more of the above-permitted uses in one
principal building
|
(e)
The above-referenced principal permitted commercial uses shall be required to satisfy all of the requirements as set forth in §§ 550-76, 550-77, 550-78 and 550-79 and throughout this chapter. The Planning Board shall have the right to modify the requirements for minimum lot area, width or frontage, minimum building setback, maximum impervious surface coverage, requirements as to front, side or rear yards, and requirements concerning the location of accessory buildings or structures for any land use in a mixed-use train station development, whenever such modifications are necessary to achieve a mixed-use train station development.
(3)
No plan for a mixed-use train station development shall be approved
by the Planning Board unless the lot areas, widths, depths and frontages,
building setbacks, percentages of lot coverage, front, side and rear
yards and locations of accessory buildings or structures provided
for in the site plan and subdivision plan are appropriate to the type
of development permitted.
(4)
Not less than 10% of the land area within a mixed-use train station
development shall be devoted to common open space. The location of
common open space shall be consistent with the declared function of
the common open space, and where possible the common open space shall
be planned as a contiguous area located for the maximum benefit of
the area which it was designed to serve, preserving and, where possible,
enhancing natural features. Land to be devoted to public purposes
may be offered to the Township or may be privately owned and maintained.
Any lands intended to be offered to the Township for a public purpose
shall be so stipulated prior to preliminary approval.
(5)
In order to foster the attractiveness of a site designed as a mixed-use train station development and the surrounding neighborhoods and in order to provide an efficient road and utility network, ensure the movement of traffic, implement comprehensive planning and better serve the public health, safety and general welfare, the design standards and criteria in § 550-165 shall be utilized by the Planning Board in reviewing all site plans and subdivision plats relating to a mixed-use train station development. These standards shall not be regarded as inflexible requirements. They are not intended to discourage creativity, invention and innovation.
[Amended 4-2-2019 by Ord.
No. 19-013]
D.
Accessory uses permitted:
(1)
Off-street parking.
(3)
Signs.
(4)
Temporary sales or construction trailer(s).
(a)
The trailer(s) shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
(b)
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c)
The trailer(s) shall be permitted to remain only for the period
of construction, renting or sale of the permitted use.
(d)
Only one sales trailer and two construction trailers are permitted
per project.
(5)
Appurtenant services and retail shops determined to be available
for the convenience of the patrons of the development and designed
as an integral part of a site development plan.
(6)
Restaurants or cafeterias located within a principal building.
(7)
Banks located within a principal building containing a permitted
use in accordance with this section.
(8)
Recreational areas and parks, provided that the facility is owned
and operated by an associated industry for the use of its employees
or guests.
(10)
Roof-mounted solar or photovoltaic energy-generating facility.
F.
Maximum building height. No building shall exceed 55 feet in height.
In the case of buildings with flat roofs, building height shall be
measured to the roof level and not to the top of the parapet wall.
H.
General requirements.
(1)
A mixed-use train station development shall be conceived, designed,
subdivided, site planned and approved by the Planning Board as a single
complex according to a comprehensive master site development plan.
(2)
The entirety of the mixed-use train station development shall be
developed with a common architectural theme, which shall be subject
to site plan approval by the Planning Board. The architectural theme
shall include buildings, signage, fencing, lighting, paving, curbing,
landscaping and other similar related physical features.
(3)
Any principal building may contain more than one use or organization.
More than one principal building may be constructed on any lot, provided
that all chapter requirements are met and that a minimum distance
of 50 feet is provided between the principal buildings.
(4)
At least the first 30 feet adjacent to any street line and 100 feet
adjacent to any lot line shall not be used for parking and shall be
planted and maintained in lawn area or ground cover or landscaped
with evergreen shrubbery. Any parking proposed within the front yard
shall be screened by a landscaped berm of at least four feet in height
and having a slope of two to one or three to one.
(5)
A minimum buffer area of 150 feet in width shall be provided along any common property line with a residential district or residential use. [See §§ 550-119G(7) and 550-130B.]
(6)
Left-turn access and egress from Sloan Avenue at the tract shall
only be permitted through a signalized roadway entrance and exit directly
opposite Fairlawn Avenue with the construction of a reverse jughandle
on the tract with the development of a landscape center median and
left turns on Sloan Avenue. No entrance or exit, at the curbline only,
shall be closer than 12 feet from a side lot line. Entrance and exit
sizes, location and construction shall be in accordance with requirements
of the governmental agency having jurisdiction over the facility upon
which the permitted use has frontage.
(7)
Pedestrian and bicycle linkages shall be planned and constructed
between the mixed-use train station development and adjacent properties
as required by the Planning Board.
(8)
A mixed-use train station development shall provide for transit bus
linkages to the train station located on Sloan Avenue and to other
areas within the Township as required by the Planning Board. The development
shall provide for on-site transit amenities in the form of a bus stops,
shelters, signage, benches and transit schedules in consultation with
New Jersey Transit.
(9)
Common driveways shall be encouraged and cross easements shall be
required to allow vehicular movements between adjacent commercial
properties.
[Added 4-22-2010 by Ord. No. 10-003]
All requirements of this chapter for the respective zoning districts
within the Arts and Culture Overlay shall remain in effect except
as specifically superseded by the following, unless otherwise noted:
A.
Purpose. The Arts and Culture Overlay has been designated to promote
investment through mixed-use and commercial development that expands
the presence of and/or otherwise enhances the arts and culture within
the district.
B.
Principal permitted uses on the land and in the buildings. The following
permitted uses shall supplement the uses permitted in the underlying
zone districts.
(1)
Arts and culture principal permitted uses.
(2)
Supporting principal permitted uses.
(a)
Commercial recreation (a recreation facility operated as a business
and open to the public for a fee).
(c)
Restaurants, excluding drive-through or fast-food restaurants.
(d)
Retail uses associated with and directly related to an arts
and culture principal permitted use on the same lot or as part of
the same development project.
(e)
Residences not located on the ground floor of a mixed-use building.
C.
General requirements.
(1)
A floor area ratio bonus to a maximum total floor area ratio of 0.40 and an impervious surface coverage bonus to a maximum total coverage of 0.80 shall be conveyed to any lot developing one or more of the Arts and Culture Overlay District's principal permitted uses, provided that at least 20% of the total building floor area on the lot consists of one or more of the arts and culture principal permitted uses as set forth in Subsection B(1) above. The bonuses set forth in this section are not to be conveyed for supporting principal permitted uses as set forth in Subsection B(2) above.
(2)
A floor area ratio bonus and an impervious surface coverage bonus
shall be conveyed to any lot developing passive or active open space
that would be open to the public, provided the following standards
are met or exceeded:
(a)
For each one square foot of open space provided on the lot, a floor area ratio bonus equivalent to one square foot of floor area and an impervious surface coverage bonus equivalent to two square feet shall be granted. The floor area ratio bonus available for public open space under this section is subject to a limitation of maximum total floor area ratio of 0.30 for the lot(s) which are proposed for development. The bonus in floor area under this section cannot be combined with development of arts and culture uses pursuant to Subsection C(1) above to achieve a floor area ratio in excess of the 0.40 limit set forth in that section.
(b)
The open space must be visible and easily accessible from a
public street.
(c)
The open space must include one or more elements of public art,
such as, but not limited to, outdoor sculpture, murals and/or artist-designed
furnishings.
(3)
No building developed under this subsection within the CC and GC
Zoning Districts shall exceed 35 feet in height. No building developed
under this subsection within the HC, I and MFG Zoning Districts shall
exceed 45 feet in height, and any building which exceeds 35 feet in
height shall provide twice the buffer which would otherwise apply
under this section and in the event the lot is adjacent to a residential
district or use.
(4)
Site design standards. The following standards shall apply to all
development and redevelopment:
(a)
Buildings shall be primarily oriented toward and relate to a
public street. Buildings shall not be primarily oriented toward a
parking lot.
(b)
Parking lots shall be located at the side or rear of buildings.
(c)
Sidewalks shall be provided along the street frontage of all
lots.
(d)
Street trees shall be provided along the street frontage of
all lots.
(e)
A visual screen of plantings shall be provided along property
lines adjoining residential districts.
(5)
Architectural standards. All development and redevelopment shall comply with the standards in § 550-165, Evaluation standards and criteria for planned developments.
[Amended 4-2-2019 by Ord.
No. 19-013]
(6)
Freestanding sign standards.
(a)
Where freestanding signs are permitted by the underlying zone
district, one freestanding sign shall be permitted along each street
frontage.
(b)
Maximum height shall be eight feet.
(c)
Maximum area shall be 50 square feet.
(d)
Freestanding signs shall not be located within 20 feet of a
public street or the boundary of a residential zone and shall not
in any way interfere with the safe functioning of any traffic control
signal nor be located within an intersection sight triangle easement.
(e)
Freestanding signs shall be monument-type signs or shall be
skirted to enclose the supporting pole(s) or pylon(s) of the sign.
The skirting shall extend the full dimensions of the sign at its lower
edge from ground to sign. The skirting shall not be included in the
sign size calculation unless it displays a message.
(f)
The base of the freestanding sign shall be liberally landscaped
with a combination of shrubs, ground cover, flowers or other plant
material.
(7)
Placement of public art. The following standards shall apply to outdoor
sculpture within the Arts and Culture Overlay District which is intended
to be viewed from a public right-of-way or other public property.
(a)
The placement of outdoor sculpture shall not require site plan
approval; only a zoning permit shall be required, provided it does
not jeopardize the public health or safety and the following standards
are met:
(b)
Front, side and rear yard setback standards shall not apply
to outdoor sculpture.
(c)
Outdoor sculpture shall be excluded from the calculation of
impervious surface coverage.
(d)
Outdoor sculpture may be located within a surface parking lot.
Any parking spaces eliminated as a result shall not require parking
relief from the Planning Board, provided the Zoning Officer is satisfied
that the remaining parking and circulation is adequate for the associated
use.
[Added 5-6-2014 by Ord.
No. 14-025]
A.
Permitted uses:
(1)
Hospital.
(2)
Hospital support facilities, such as medical laboratories, medical
clinics, surgical facilities, ambulatory care center, outpatient facilities,
research, diagnostic testing and inpatient pharmaceutical facilities.
(3)
Medical and related administrative offices.
(4)
Long-term acute-care facility or subacute-care facility.
(5)
Nursing homes and assisted living facilities.
(6)
Hospice.
(7)
Adult care center.
B.
Accessory uses:
(1)
Meeting, conference, educational and training facilities.
(2)
Physical rehabilitation and treatment facilities.
(3)
Fitness, wellness and exercise facilities.
(4)
Cafeterias, snack shops, gift shops, bookstores, banks, florists,
newsstands and similar retail convenience for personnel, patients
and persons visiting patients.
(5)
Hospital operation facilities, such as but not limited to food preparation
and service, laundry, housekeeping, security, storage and maintenance.
(6)
Chapels.
(7)
Overnight accommodations and eating facilities for on-duty personnel
and persons visiting patients.
(8)
Helistop.
(9)
Radio and telecommunications facilities for dispatch and control
of medical transportation services.
(10)
Emergency power generation for on-site use.
(11)
Utility heating and cooling and cogeneration facilities.
(12)
Child-care center.
(13)
Off-street parking, including structured parking.
(14)
Indoor and outdoor gardens.
(15)
Fences and walls.
(16)
Signs.
(17)
Roof-mounted solar or photovoltaic energy-generating facility.
(18)
Uses which are customary and incidental to the principal permitted
use.
C.
Maximum building height:
(1)
No portion of a building located 500 feet or less from a public road
shall exceed 45 feet in height.
(2)
No portion of a building located more than 500 feet from a public
road shall exceed 80 feet in height.
(3)
Exceptions: ancillary structures such as parapet walls, elevator
penthouses, stair towers, HVAC equipment, communications equipment
and antennas and light stanchions may exceed the maximum building
height, provided they shall not exceed a height of 30 feet above the
roof on which they are mounted.
(a)
Any such ancillary structure shall be screened to reduce its
visibility.
(4)
Maximum height of a parking structure: 45 feet.
(5)
Maximum height of an accessory structure: 20 feet.
D.
Area and yard requirements.
(1)
Principal building.
(a)
Minimum lot area: five acres.
(b)
Minimum lot frontage: 400 feet.
(c)
Minimum lot width: 400 feet.
(d)
Minimum lot depth: 400 feet.
(e)
Minimum front yard setback: 150 feet.
(f)
Minimum side yard setback: 75 feet.
(g)
Minimum rear yard setback: 75 feet.
(h)
Maximum floor area ratio: 0.4.
(i)
Maximum impervious cover: 55%.
E.
General requirements.
(1)
Any principal building may contain more than one use or organization.
More than one principal building may be constructed on any lot, provided
that all chapter requirements are met.
(2)
At least the first 50 feet adjacent to any street line, including
state and interstate roadways, and 50 feet adjacent to any lot line
shall not be used for parking and shall be planted and maintained
in lawn area or ground cover or landscaped with evergreen shrubbery.
(3)
Any parking, either on the ground or in a structure, proposed within
the front yard shall be screened by a landscaped berm of at least
4 1/2 feet in height and having a slope of three to one. The
berm shall be landscaped sufficient to screen parking located between
buildings and any street, including any state or interstate roadway.
(4)
A minimum buffer area of 150 feet in width shall be provided along
any common property line with a residential district, use or with
a right-of-way adjacent to a residential district.
(5)
Cross easements to allow for traffic and pedestrian circulation between
properties shall be encouraged.
(6)
Parking structures.
(a)
Parking structures shall be located at least 350 feet from a
public road.
(b)
Architectural design and building materials of parking structures
shall be similar or complementary to the principal buildings on the
tract.
(c)
A roof-mounted solar or photovoltaic energy-generating facility
may be located on the roof or upper parking deck of a parking structure,
provided the maximum height of the solar or photovoltaic energy-generating
facility does not exceed 45 feet.
(7)
No helistop shall be located less than 500 feet from a public road
or residential use.
[Added 3-20-2018 by Ord.
No. 18-010]
A.
Permitted uses.
(1)
(2)
Public parks, playgrounds, conservation areas and public purpose
uses.
(3)
Public recreational and community center buildings and grounds.
(5)
Building structures and uses owned and operated by the Township of
Hamilton.
B.
Accessory uses.
(1)
Decks and patios which shall be uniform in size and materials and
complement the architectural style and design of the dwelling unit
and the overall project design, as established during the site plan
review and approval process. All decks and patios shall be constructed
when the development is constructed.
(2)
Private residential tool or garden sheds not to exceed 12 feet by
12 feet by 12 feet and located three feet from property lines.
(3)
Off-street parking and private garages.
(4)
Fences and walls which shall be uniform in size and materials and
complement the architectural style, type and design of the dwelling
unit and the overall project design, as established during the site
plan review and approval process. All fences and walls shall be constructed
when the development is constructed.
(5)
Entrance gatehouses and structures provided such structures are located
along entrance roadways to the property, are located outside of any
required site triangle, and are designed to complement the architectural
style and the overall project design.
(6)
Community amenities, such as but not limited to: pool, clubhouse,
walking trails.
(7)
Signs.
(8)
Temporary sales or construction trailer(s).
(a)
The trailer(s) shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
(b)
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c)
The trailer(s) shall be permitted to remain only for the period
of construction, renting or sale of the permitted use.
(d)
Only one sales trailer and two construction trailers are permitted
per project.
(9)
Roof-mounted solar or photovoltaic energy-generating facility.
D.
Area and yard requirements:
(1)
Tract development.
(a)
Minimum tract area: 60 acres.
(b)
Maximum impervious coverage: 40%.
(c)
Maximum principal building height: three stories/45 feet.
[Amended 4-7-2020 by Ord. No. 20-006]
(d)
Maximum accessory building height: 30 feet.
(e)
Open space: Not less than 20% of the gross development area
shall be designed as and devoted to common open space for use primarily
by the residents of the planned development or subject to conservation
easements restricting their development.
(2)
Lot sizes and dimensions, yard sizes and building arrangement may
be freely disposed and arranged, in accordance with the following
standards:
(3)
Buildings and parking areas shall be freely disposed and arranged,
in accordance with the following minimum distances:
(a)
Boundary line: 30 feet.
(b)
Offsite right-of-way: 75 feet.
(c)
Common property line with nonresidential use and nonresidential
zoning district: 40 feet.
(d)
Landscape buffer required to Klockner Road right-of-way: 50
feet.
(e)
Landscape buffer required to any other lot line: 25 feet.
(f)
Unit setback to existing interstate right-of-way: 200 feet.
E.
Natural features and critical areas, such as treed areas, scenic
views; historic sites; natural terrain including steep slopes and
open waters; wetlands and associated buffers; wildlife corridors;
natural drainage lines; open space of high ecological value; and other
community assets shall be preserved as much as practical.
F.
Architectural standards.
(1)
Building exteriors shall have vertical and/or horizontal offsets
to create visual breaks on the exterior.
(2)
A variety of building heights is encouraged in a single development.
(3)
A variety of building setbacks, rooflines, color schemes, and elevations
shall be required in the development to avoid a repetitious or monotonous
streetscape.
(4)
The exteriors of all buildings in the development, including accessory
buildings, shall conform architecturally and be constructed of materials
of like character.
(5)
Each building and combined complex of units shall have a compatible
architectural theme with variations in design to provide attractiveness
to the development, which shall include consideration of landscaping
techniques, building or orientation to the site and to other structures,
topography, natural features and individual dwelling unit design,
such as varying unit width, staggering unit setbacks, providing different
exterior materials, changing rooflines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singularly
or in combination, for each unit.
(6)
In order to prevent the development of long and monotonous buildings
and ridgelines, which serve to increase the sense of density, lack
interest and liken the development to a barracks, overall structures
of attached townhouses shall consist of no more than eight townhouse
dwelling units. There shall be at least three different ridgeline
heights in each overall structure of attached townhouses, which shall
vary by at least three feet. In any overall structure of attached
townhouses, no more than two adjacent dwelling units shall have the
same setback. Setbacks shall vary by at least eight feet.
(7)
The monotony of long overall structures of attached townhouses is
considerably diminished when such structures are sited on gently rolling
lands. In such instances, the Planning Board may approve the construction
of overall structures of attached townhouses containing nine or 10
townhouse dwelling units.
H.
Each development shall provide for the removal of trash and garbage.
Storage of trash and garbage shall be subject to Planning Board review
and approval.
I.
There shall be provided a safe and convenient system of sidewalks
and bike paths accessible to all occupants. Due consideration should
be given in planning walks, paths and ramps to prevent slipping or
stumbling. Handrails and ample space for rest shall be provided. All
walks, paths and risers shall be designed according to the requirements
of the Americans with Disabilities Act (ADA).[1] When required, sidewalks shall be at least five feet wide
and bike paths six feet wide, as approved by the Planning Board.
[1]
Editor's Note: See 42 USCA § 12101 et seq.
J.
Artificial lighting shall be provided along all walks, paths and
interior roads and driveways and in all off-street parking areas with
sufficient illumination for safety and convenience.
K.
Affordable units shall be provided in accordance with the following:
(1)
A developer's agreement is required to establish low/moderate apportionment,
very-low-income requirement per N.J.S.A. 52:27D-329.1, bedroom distribution,
unit size, etc.
(2)
The affordable units shall be developed in accordance with the Council
on Affordable Housing's (COAH's) regulations at N.J.A.C. 5:93[2] and the Uniform Housing Affordability Controls (UHAC),
N.J.A.C. 5:80-26.1 et seq., which govern the administration and affordability
controls of affordable units in New Jersey, with one exception. The
exception is for 13% very-low-income housing at 30% of the regional
median income instead of the UHAC requirement of 10% very-low-income
housing at 35% of the regional median income.
[2]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October
16, 2016.
(3)
At least 13% of the units shall be affordable to very-low-income
households, 42% of the units shall be affordable to low-income households,
and 45% of the units may be affordable to moderate-income households.
An odd number shall be split in favor of the low-income unit.
(4)
In addition to addressing the requirements of COAH and UHAC noted
above, the affordable units shall be developed in accordance with
the following:
(a)
The affordable units cannot be age-restricted units.
(c)
The unit distribution requirements pursuant to N.J.A.C. 5:80-26.3.[4]
[4]
Editor's Note: Former Subsection K(4)(d), regarding very-low-income
distribution requirements, which immediately followed this subsection,
was repealed 11-20-2018 by Ord. No. 18-050. This ordinance also renumbered
former Subsection K(4)(e) through (g) as Subsection K(4)(d) through
(f).
(d)
Pursuant to UHAC, N.J.A.C. 5:80-26.11, the affordable units
shall be restricted to eligible very-low-, low- and moderate-income
households for a minimum of 30 years from the date of their initial
occupancy and thereafter until the affordability controls are terminated
by the Township (the "Control Period").
(f)
The accessibility and adaptability requirements pursuant to
N.J.A.C. 5:97-3.14.
L.
In the A/T-2 Multiple Family Residential - 2 Zone District, a ground
sign shall be permitted for the purpose of identifying a multifamily
dwelling project. It shall not exceed 30 square feet in area and not
more than one such sign shall be placed on a property unless such
property fronts upon more than one street, in which instance a sign
may be erected on each frontage. The sign shall not exceed the height
of six feet and shall not be located within 10 feet of a public street,
parking area or driveway and shall in no way interfere with the safe
function of any traffic control signal or directional device nor be
located within an intersection sight triangle easement.
[Added 3-20-2018 by Ord.
No. 18-011]
A.
Permitted uses.
(1)
Multifamily, townhouses, and single-family attached or detached homes
that are affordable to households of low- and moderate-income and
are eligible for affordable housing credit against the Township's
affordable housing obligation.
(2)
Public parks, playgrounds, conservation areas and public purpose
uses.[1]
[1]
Former Subsection A(2), regarding a manager’s unit,
which immediately followed this subsection, was repealed 11-20-2018
by Ord. No. 18-030. This ordinance also renumbered former Subsection
A(3) through (5) as Subsection A(2) through (4).
(3)
Public recreational and community center buildings and grounds.
(4)
Building structures and uses owned and operated by the Township of
Hamilton.
B.
Accessory uses.
(1)
Decks and patios which shall be uniform in size and materials and
complement the architectural style and design of the dwelling unit
and the overall design, as established during the site plan review
and approval process. All decks and patios shall be constructed when
the development is constructed.
(2)
Off-street parking and private garages.
(3)
Fences and walls which shall be uniform in size and materials and
complement the architectural style, type and design of the dwelling
unit and the overall project design, as established during the site
plan review and approval process. All fences and walls shall be constructed
when the development is constructed.
(4)
Entrance gatehouses and structures, provided such structure(s) are
located along entrance roadway(s) to the property, are located outside
of any required site triangle, and are designed to complement the
architectural style and the overall project design.
(5)
Community amenities, such as but not limited to: pool, clubhouse,
walking trails.
(6)
Signs.
(7)
Temporary sales or construction trailer(s).
(a)
The trailer(s) shall be located on the same lot as the principal
permitted use and shall meet all setback requirements for principal
buildings in the zone.
(b)
The trailer(s) shall be shown on the site plan for the principal permitted use and shall be reviewed by the administrative officer on an individual case basis in accordance with the performance standards in § 550-120.
(c)
The trailer(s) shall be permitted to remain only for the period
of construction, renting or sale of the permitted use.
(d)
Only one sales trailer and two construction trailers are permitted
per project.
(8)
Roof-mounted solar or photovoltaic energy-generating facility.
D.
Area and yard requirements.
(1)
Tract development.
(a)
Minimum tract area: seven acres.
[Amended 7-16-2019 by Ord. No. 19-031]
(b)
Minimum tract frontage: 200 feet.
(c)
Minimum number of affordable units: 72.
(e)
Lot sizes and dimensions, yard sizes and building arrangement
may be freely disposed and arranged, in accordance with the following
standards:
1.
No portion of a dwelling shall be closer than 15 feet to the
right-of-way of a local internal road or 50 feet to a public road
existing at the time the application for development is deemed complete
or any planned public road.
2.
End wall (no openings) to end wall: 12 feet minimum.
4.
Any building face to parking area: 10 feet minimum.
[Amended 7-16-2019 by Ord. No. 19-031]
5.
Window wall to window wall: 40 feet minimum.
[Amended 7-16-2019 by Ord. No. 19-031]
6.
At least the first 30 feet adjacent to any street line shall
not be used for parking and shall be planted and maintained in lawn
area or ground cover or landscaped with evergreen shrubbery.
[Amended 7-16-2019 by Ord. No. 19-031]
7.
Landscape buffer required to lot line: 30 feet.
E.
Natural features and critical areas, such as treed areas, scenic
views; historic sites; natural terrain including steep slopes and
open waters; wetlands and associated buffers; wildlife corridors;
natural drainage lines; open space of high ecological value; and other
community assets shall be preserved as much as practical.
F.
Architectural standards:
(1)
Building exteriors are encouraged to have vertical and/or horizontal
offsets to create visual breaks on the exterior.
(2)
A variety of building heights is encouraged in a single development.
(3)
A variety of building setbacks, rooflines, color schemes, and elevations
shall be required in the development to avoid a repetitious or monotonous
streetscape to the extent practical.
(4)
The exteriors of all buildings in the development, including accessory
buildings, shall conform architecturally and be constructed of materials
of like character.
(5)
Each building and combined complex of units shall have a compatible
architectural theme with variations in design to provide attractiveness
to the development, which shall include consideration of landscaping
techniques, building or orientation to the site and to other structures,
topography, natural features and individual dwelling unit design,
such as varying unit width, staggering unit setbacks, providing different
exterior materials, changing rooflines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singularly
or in combination, for each unit.
(6)
In order to prevent the development of long and monotonous buildings
and ridgelines, which serve to increase the sense of density, lack
interest and liken the development to a barracks, overall structures
of attached townhouses shall consist of no more than eight townhouse
dwelling units. There shall be at least three different ridgeline
heights in each overall structure of attached townhouses, which shall
vary by at least three feet. In any overall structure of attached
townhouses, no more than two adjacent dwelling units shall have the
same setback. Setbacks shall vary by at least eight feet.
(7)
The monotony of long overall structures of attached townhouses is
considerably diminished when such structures are sited on gently rolling
lands. In such instances, the Planning Board may approve the construction
of overall structures of attached townhouses containing nine or 10
townhouse dwelling units.
G.
Each development shall provide for the removal of trash and garbage.
Storage of trash and garbage shall be subject to Planning Board review
and approval.
H.
Artificial lighting shall be provided along all walks, paths and
interior roads and driveways and in all off-street parking areas with
sufficient illumination for safety and convenience.
I.
Affordable units shall be provided in accordance with the following:
(1)
A developer's agreement is required to establish low/moderate apportionment,
very-low-income requirement per N.J.S.A. 52:27D-329.1, bedroom distribution,
unit size, etc.
(2)
The affordable units shall be developed in accordance with the Council
on Affordable Housing's (COAH's) regulations at N.J.A.C. 5:93[3] and the Uniform Housing Affordability Controls (UHAC),
N.J.A.C. 5:80-26.1 et seq., which govern the administration and affordability
controls of affordable units in New Jersey, with one exception. The
exception is for 13% very-low-income housing at 30% of the regional
median income instead of the UHAC requirement of 10% very-low-income
housing at 35% of the regional median income.
[3]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October
16, 2016.
(3)
At least 13% of the units shall be affordable to very-low-income
households, 37% of the units shall be affordable to low-income households,
and 50% of the units may be affordable to moderate-income households.
An odd number shall be split in favor of the low-income unit.
(4)
In addition to addressing the requirements of COAH and UHAC noted
above, the affordable units shall be developed in accordance with
the following:
(a)
The affordable units cannot be age-restricted units:
(c)
The unit distribution requirements pursuant to N.J.A.C. 5:80-26.3.[5]
[5]
Former Subsection I(4)(d), regarding very-low-income distribution
requirements, which immediately followed this subsection, was repealed
11-20-2018 by Ord. No. 18-030. This ordinance also renumbered former
Subsection I(4)(e) through (g) as Subsection I(4)(d) through (f).
(d)
The length of controls requirement and deed restrictions pursuant
to N.J.A.C. 5:80-26.11, except that the length of the control period
may be limited to 45 years.
(f)
The accessibility and adaptability requirements pursuant to
N.J.A.C. 5:97-3.14.
J.
In the Special Housing Zone III, a ground sign shall be permitted
for the purpose of identifying a multifamily dwelling project. It
shall not exceed 30 square feet in area and not more than one such
sign shall be placed on a property unless such property fronts upon
more than one street, in which instance a sign may be erected on each
frontage. The sign shall not exceed the height of six feet and shall
not be located within 10 feet of a right-of-way line, parking area
or driveway and shall in no way interfere with the safe function of
any traffic control signal or directional device nor be located within
an intersection sight triangle easement.
[Amended 7-16-2019 by Ord. No. 19-031]
[Added 6-1-2021 by Ord. No. 21-029]
A.
Purpose. The purpose of this section is to encourage the continued
provision of outdoor dining areas as accessory uses in conjunction
with permitted restaurants in order to provide a safe and unique environment
for enjoyable food consumption and social interaction. At the same
time, regulations are specifically required for outdoor dining areas
to control and ameliorate the potential impact of such areas in adjacent
uses, particularly adjacent residential uses, and to protect the public,
health, safety and welfare of residents of the Township.
B.
Where permitted. Outdoor dining areas shall be permitted as accessory
uses to restaurants in all zones with the express exclusion of the
Rural Resource Conservation (RRC) Zone.
C.
General requirements.
(1)
Outdoor dining uses or outdoor dining areas shall be permitted as
accessory uses only in conjunction with a permitted restaurant. The
restaurant and its outdoor dining area shall be in compliance with
and subject to all federal, state and Township laws, codes and regulations,
including but not limited to the Americans with Disabilities Act,[1] any and all state and local health codes, and the Alcoholic
Beverage Control (ABC) regulations. All outdoor dining areas shall
be in compliance with UCC life and safety codes and regulations and
subject to inspection therefor.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(2)
The outdoor dining area and associated structures may be located
within a required front, side and/or rear yard areas. Encroachment
upon a Township right-of-way shall not be permitted.
(3)
In the event that the outdoor dining extends to an area(s) belonging
to another space in the same building or an adjacent property, the
licensee shall obtain the written permission of the owner(s) and/or
tenant(s), if any, of the building or space abutting any additional
area(s).
(4)
No exterior lighting that illuminates beyond the boundaries of the
property or the outdoor dining areas in excess of 1/2 footcandle shall
be permitted.
(5)
No signs other than a menu board shall be permitted outside the restaurant.
Not more than one menu board shall be allowed for each outdoor dining
use. The menu board shall not exceed four square feet. The menu board
shall be attached to the abutting building. All signage including
the menu board ad signage on awnings, canopies and umbrellas and other
fixtures, shall be in compliance with Township codes regulating signage.
(6)
The outdoor dining area, including the area extending from the outdoor
dining area to the street and/or parking area, shall be maintained
in a neat and orderly appearance at all times and shall be cleared
of all debris on a periodic basis during the day and at the close
of each business day.
(7)
Patrons may not be seated in the outdoor dining area prior to 7:00
a.m. or remain seated in the outdoor dining area after 10:00 p.m.
on Sunday through Thursday nights and 11:00 p.m. on Friday and Saturday
nights.
(8)
No food preparation shall be allowed within the outdoor dining area.
There shall be no cooking, storage, cooling or refrigeration or other
equipment located in the outdoor dining area.
(9)
Tables and chairs shall not be placed within four feet of fire hydrants
or counter service windows, or within two feet of any building entrances
and/or exits.
(10)
The operations or activities within the outdoor dining areas
shall not create undue noise, glare, littering, loitering, disorderliness
or other such nuisance so as to be a detriment to adjacent businesses
or residents living within 200 feet of the outdoor dining area. A
violation of any Township ordinance shall subject both the patron
and restaurant to violations and may be cause for revocation of the
outdoor dining use.
(11)
Parking and seating capacity.
(a)
In computing the number of off-street parking spaces required
for restaurants with outdoor seating areas, the outdoor seating capacity
shall be added to the indoor seating capacity for the total number
required. There shall be no increase in total seating capacity of
the restaurant when including the outdoor seating capacity. A portion
of the indoor seating capacity shall only be relocated to the outdoor
dining area.
(b)
For currently existing and permitted restaurants at the time
of the adoption of this chapter who, as a result of the 2020/2021
COVID-19 pandemic, temporarily provided outdoor dining areas by removing
off-street parking spaces, for the purposes of this chapter, the Township
parking standards may be waived to accommodate the continuation and
permanence of the outdoor dining in the same area, upon a showing
that alternate parking is available and there are no negative impacts
in consultation with the Township Police Division.
(c)
For those restaurants whose site plans have not yet been approved
at the time of the adoption of this chapter, during site plan approval,
the determination of required off-street parking spaces shall consider
the total indoor and outdoor seating capacity and availability of
alternative parking availability.
(12)
The perimeter around the outdoor dining areas must be delineated
with permanent and nonpermanent fixtures such as bollards, fixtures
such as fencing, railings, potted plants, decorative chains, or other
approved fixtures. All anchoring of fixtures must meet all applicable
local, state and federal codes, ordinances and laws. Such area shall
be suitably landscaped and screened as appropriate to block noise,
glare, lighting and other potential impacts from adjoining properties
and from vehicular movement.
(13)
Review and approval process. For those restaurants whose site
plans have not yet been approved at the time of the adoption of this
chapter, an application for an outdoor dining area shall be reviewed
as part of the site plan approval process, subject to the requirements
of this section. For currently existing and permitted restaurants
at the time of the adoption of this chapter, providing that all requirements
of this chapter are met, an application for the permanent extension
of their permitted premises to include an outdoor dining area shall
be subject to administrative review and determination in consultation
with Township professionals. The supplemental administrative site
plan submission requirements are as follows:
(a)
Name, address, and general description of all uses within 200
feet;
(b)
A survey (drawn to scale) showing the layout and dimensions
of the outdoor dining area. The survey shall include the proposed
location, size and number of tables, chairs, host/hostess station,
server station(s) if any, steps, umbrellas, awnings, canopies, location
of doorways, lighting, electric outlets, trees, signs and menu board,
benches, trash receptacles, railings, traffic safety measures, decorative
chains and any other fixture, structure or obstruction, either existing
or proposed, within the outdoor dining area; and
(c)
If any table, railing, awning, canopy, deck, column or any other
fixture is to permanently anchored, such information shall be shown
on the drawing.
(14)
Appeal. Should the administrative review of the application
of an existing restaurant at the time of the adoption of this section
be denied, the applicant shall have the right to appeal to the Zoning
Board of Adjustment.
[Added 11-14-2022 by Ord. No. 22-046]
A.
Purpose; location.
(1)
The purpose of the Mixed-Use Overlay I is to provide an alternative
development scheme for certain lands within the limits of the RD Research
Development Zone that complements adjacent corporate office/research,
multifamily residential and related retail business use; advances
principles of smart growth; encourages better movement and transportation
of Township residents and employees; promotes pedestrian connectivity;
amenitizes and strengthens the Township's economic base; and affirmatively
responds to the needs of corporate office/research users in the district.
(2)
The overlay zone encompasses Map 289, Block 2610, Lots 27.01 and
27.02, on the official Tax Maps of Hamilton Township. Lands subject
to the overlay zone may be developed in accordance with existing RD
Research Development regulations or, alternatively, they may be developed
in accordance with the standards for mixed-use development set forth
below.
B.
Required components. Mixed-use development shall contain the following:
(1)
An office/research component consisting of one or more buildings
on Block 2610, Lot 27.01.
(2)
A multifamily residential component consisting of one or more multifamily
residential buildings on Block 2610, Lot 27.02, together with associated
amenities and services customarily incidental to such use, including
but not limited to a clubhouse, tennis courts, swimming pool, playgrounds
and walking trails.
C.
Development standards for the office/research component. Development shall be in accordance with the requirements for the RD Research and Development District as established under Chapter 550, Land Development, unless otherwise superseded by this section.
D.
Development standards for the multifamily residential component on
Block 2610, Lot 27.02.
(1)
Maximum building height: four stories, 60 feet for principal buildings.
Accessory buildings shall not exceed 20 feet.
(2)
Maximum impervious surface coverage: 40%.
(3)
Minimum setback of a principal building to an adjacent lot line:
75 feet.
(4)
Minimum setback of an off-street parking area to an adjacent lot
line: 25 feet.
(5)
Minimum setback of an accessory building to an adjacent lot line:
25 feet.
(6)
No multifamily residential building shall be located within 750 feet
of the right-of-way of Klockner Road.
(7)
The total number of multifamily residential units within the residential
component shall be less than six units per gross acre.
(8)
Parking for multifamily use shall comply with the requirements of
the New Jersey Residential Site Improvement Standards (RSIS).
(9)
All multifamily residential units shall be limited to studio, one-
or two-bedroom units.
(10)
The minimum distance between multifamily residential buildings
shall be 20 feet, except that the average distance shall be no less
than 50 feet.
(11)
A ground sign shall be permitted for the purpose of identifying
a multifamily residential development. The sign shall not exceed 30
square feet in area and shall not be located closer than 10 feet from
the right-of-way of Klockner Road. The maximum height of the ground
sign shall be six feet.
E.
Development standards applicable to the overlay zone generally.
(1)
There shall be a minimum ten-foot landscape buffer along either or
both sides of the shared lot line separating the office/research and
multifamily residential components, except that internal access drives
connecting the two components are permitted to traverse said buffer.
(2)
The multifamily component shall not be required to provide a separate
access to a public street (i.e., Klockner Road) but shall instead
rely upon a common driveway extending through the office/research
component via a shared access arrangement. The right to such access
shall be established via an easement recorded in the Mercer County
Clerk's Office or otherwise as provided by law.
F.
Architectural standards for the multifamily residential component
on Block 2610, Lot 27.02.
(1)
Building exteriors shall have vertical and/or horizontal offsets
to create visual breaks on the exterior.
(2)
A variety of building heights is encouraged in a single development.
(3)
The exteriors of all buildings in the development, including accessory
buildings, shall conform architecturally and be constructed of materials
of like character.
(4)
Each building and combined complex of units shall have a compatible
architectural theme with variations in design to provide attractiveness
to the development, which shall include consideration of landscaping
techniques, building or orientation to the site and to other structures,
topography, natural features and individual dwelling unit design,
such as varying unit width, staggering unit setbacks, providing different
exterior materials, changing rooflines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singularly
or in combination, for each unit.
