Township of Moorestown, NJ Mixed-Use Overlay Districts

Editor's Note: This ordinance also provided for the inclusion of a reserved § 180-126.

Intent and purpose. This overlay district is to provide a means of redeveloping a regional shopping mall and community shopping center into mixed-use centers that integrate new residential uses into a redeveloped retail center. Such residential uses shall provide an additional opportunity to provide affordable housing towards unmet need.

Principal uses. In the MX-1 and MX-2 Districts, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following principal uses:

(1)

Any principal use permitted in the SRC District.

(2)

Medical offices for persons principally engaged in providing services for health maintenance, diagnosis (including testing) and treatment of human diseases, pain or other physical or mental condition of patients by physicians or other licensed health care professionals, solely on an outpatient basis, but not to include a behavioral health care center, or the testing or treatment of overnight patients.

(3)

Municipal use or purpose.

(4)

Open space.

Accessory uses and structures. Any of the following uses and structures shall be permitted when used in conjunction with a principal use:

(1)

Common recreational facilities for the use and enjoyment of residents and their guests.

(2)

Dwelling for manager or other staff of a residential building or mixed residential and commercial buildings.

(3)

Games of amusement when part of another entertainment facility, hotel or restaurant.

Maintenance garage.

Management office.

Security office.

Social service office for the benefit of residents.

(8)

Off-street surface parking and structured parking.

(9)

Fences, walls and street furniture.

(10)

Signs.

(11)

Accessory uses on the same lot and customarily incidental to the principal use.

Conditional uses. The following conditional uses shall be permitted upon meeting their associated criteria:

(1)

In an MX-1 District.

(a)

Combinations of SRC permitted uses and multiple dwellings in a single building, provided the multiple dwelling are developed in accordance with the conditional use residential allowances hereinbelow.

(b)

A maximum 200 multiple dwellings shall be permitted on the entire tract, provided the following criteria are met:

[1]

The development and construction of such dwellings shall be in concert with a comprehensive concept plan showing the overall future redevelopment of the tract will not preclude, additional, reasonable, development in accordance with the standards contained in this section;

[2]

The floor area ratio of the tract shall not exceed 0.32.

[3]

At least 100 lineal front feet of the building or buildings shall be located within 60 feet of the existing exterior perimeter of the regional shopping mall.

[4]

A pedestrian connection shall be made between the entrance or entrances of the multiple dwelling building or buildings directly to one or more main entrances to an anchor tenant or mall entrance.

(c)

A maximum 400 multiple dwellings shall be permitted on the entire tract, provided the following criteria are met:

[1]

A minimum of 25% of existing gross floor area, as of the date of the adoption of this article, shall be demolished. At least as much existing gross floor area shall be demolished as is replaced by residential gross square footage.

[2]

Such demolition and building construction shall be in concert with a comprehensive concept plan showing the overall future redevelopment of the tract, and a phasing plan sufficient to ensure that the proposed development will not preclude, additional, reasonable, development in accordance with the standards contained in this section.

[3]

The floor area ratio of the tract shall not exceed 0.34.

(d)

A maximum 600 multiple dwellings shall be permitted on the entire tract, provided the following criteria are met:

[1]

A minimum of 50% of existing gross floor area, as of the date of the adoption of this article, shall be redeveloped or demolished. At least as much existing gross floor area shall be demolished as is replaced by residential gross square footage.

[2]

[3]

The floor area ratio of the tract shall not exceed 0.36.

(e)

A maximum 1,065 multiple dwellings shall be permitted on the entire tract, provided the following criteria are met:

[1]

All of the existing gross floor area, as of the date of the adoption of this article, shall be redeveloped or demolished.

[2]

Nonresidential development, excluding any hotel, shall contain at least 250,000 square feet of gross leasable area in conjunction with the residential use.

[3]

Such demolition and building construction shall be in concert with a comprehensive concept plan showing the overall redevelopment of the tract, and a phasing plan sufficient to ensure that the proposed development will result in a mixed-use center that positively integrates residential uses with nonresidential retail sales and services, and which may include other commercial uses as permitted.

[4]

The floor area ratio of the tract shall not exceed 0.40.

(f)

Hotel, provided the use is located within the existing building footprint of the regional shopping mall, as of the date of the adoption of this article.

(2)

In an MX-2 District.

(a)

Townhouse and multiple dwellings, subject to the following criteria:

[1]

The existing buildings on the site are demolished.

[2]

The total number of dwellings shall not exceed 390.

(b)

Combinations of SRC permitted uses and multiple dwellings shall be permitted in a single building.

(c)

The floor area ratio of the tract shall not exceed 0.40.

Required Use. In any MX-1 or MX-2 District, at least 20% of the total number of dwellings shall be affordable to very-low-, low- and moderate-income households. Affordable units shall be restricted, regulated and administered consistent with the Township's affordable housing regulations, the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.), including the Fair Housing Act's definition of very-low-income households and all other provisions of the Township's Affordable Housing Ordinance (see Chapter 97).

Area, yard, coverage, height and other building requirements for the MX-1 District. The following requirements shall apply to all development under the MX-1 District:

(1)

Minimum tract area shall be 84 acres.

(2)

Minimum tract frontage shall be 1,000 feet on an arterial street.

(3)

Minimum tract width and depth shall be 1,000 feet.

(4)

Maximum tract floor area ratio of the tract shall be 0.35, except as otherwise modified herein. For the purposes of this district, the floor area of structured parking shall be excluded from the calculation of floor area ratio.

(5)

Maximum tract building coverage shall be 50% of total tract area.

(6)

Minimum lot area within the tract shall be 13 acres.

(7)

Maximum impervious surface coverage shall be 85% of total tract area.

(8)

All buildings shall be located within the inside of the existing perimeter ring road. All buildings shall be set back a minimum of 25 feet from the curbline of the ring road.

(9)

Maximum building heights. The following building heights shall apply to the MX-1 District:

(a)

No building with mixed residential and commercial uses shall exceed four stories and 70 feet in height.

(b)

No building with solely nonresidential uses shall exceed three stories and 45 feet, except for a hotel use, which shall not exceed four stories and 65 feet.

(c)

No building with solely residential uses shall exceed four stories and 65 feet.

(10)

Building separation requirements. Where a private road or driveway is proposed, buildings facing such vehicular passageway shall be separated by at least 50 feet; otherwise buildings shall be separated by at least 30 feet or the distance required by the New Jersey Fire Code, latest edition, whichever distance is greater.

Area, yard, coverage, height and other building requirements for the MX-2 District. The SRC bulk requirements shall apply to all development under the MX-2 District except as modified herein. The maximum tract floor area ratio of the tract shall be 0.30, except as otherwise modified herein. For the purposes of this district, the floor area of structured parking shall be excluded from the calculation of floor area ratio.

Parking and loading requirements. The following requirements shall apply to the provisions for off-street parking and loading:

(1)

The number of spaces, loading and other design requirements for parking lots shall conform to Article XXIII.

(2)

Parking structures. Parking structures shall not exceed four levels above grade, including the rooftop level. Three sides of any parking garage shall be mostly or fully obscured from public view from public streets, adjacent residential uses and perimeter ring road by buildings or liner buildings.

Signs. The general provisions of Article XXIV and the specific standards of § 180-80.8 shall apply to signs in the MX-1 District.

Landscaping requirements. The following landscape requirements shall apply to the MX-1 District:

(1)

Perimeter buffer requirements. Landscape buffers shall be required along the perimeter property lines and shall retain existing vegetation that is of high quality and appropriate density. Where existing vegetation is unsuitable, it shall be augmented or replaced by new plantings in accordance with a landscape plan submitted to and approved by the board with jurisdiction. The perimeter buffer shall be installed between the tract boundaries and the ring road and suitable for its function of site enhancement, screening, and control of climatic effects.

(2)

Building within a perimeter buffer. Public and private streets affording access to the site may cross a required perimeter buffer. Accessory structures, including and of a similar nature as utilities, entrance gate facilities, signs approved as part of the signage plan, and traffic signal and street lighting systems may be placed in a perimeter buffer. No off-street parking facilities, aboveground stormwater management facilities or other buildings shall be constructed within the required perimeter buffer.

(3)

Landscape buffer screen requirements. A landscape screen surrounding loading docks, truck parking spaces, outdoor storage, utility meters, HVAC equipment, recycling containers, trash dumpsters, trash compactors, and other such service functions, except for access, shall be incorporated into the overall design. Walls and enclosures for such service uses shall be of a similar construction and material as the primary buildings to which they are associated. Such accessory structures and uses shall be adequately landscaped in conjunction with walls, screens and/or enclosures to the point where the visual and acoustic impacts of these functions are fully contained and out of view from general passersby. The minimum width of a landscape screen shall be eight feet.

(4)

Parking lot landscaping. Five percent of the area of parking lots shall be placed into landscape islands. Landscape islands shall be a minimum of eight feet in width with a minimum depth equal to a parking space. No more than 25 parking spaces shall be permitted in a single parking bay without the inclusion of a landscape island.

Design standards. The following provisions shall apply to the MX-1 and MX-2 Districts:

(1)

Outdoor plaza(s). A minimum equal to 2% of the total floor area devoted to retail sales and services (excluding any hotel use) shall be in outdoor plazas and outdoor eating areas. Outdoor plazas may consist of hardscaping, landscaping, fountains, seating, sculpture and other landscape features designed to create a destination and gathering space for residents and customers.

(2)

In the MX-1 District, a minimum of 1.5 acres shall be devoted to a town square space designed for active pedestrian use and outdoor event uses and may be used to achieve the requirement in Subsection L(2).

(3)

Internal pedestrian connections. There shall be an extensive system of pedestrian walks serving all uses within the development, providing access from residential uses to commercial uses, dwellings, parking areas, outdoor plazas, recreational and other communal facilities. Buildings shall be connected to each other, to the main shopping areas and to the public sidewalk system by pedestrian walkways. The walkways shall feature adjoining landscaped areas that include trees, shrubs, benches, flower beds, ground covers or other such materials to enhance the appearance of the walkway areas. Pedestrian walkways shall have adequate lighting.

(4)

Minimum sidewalk and plaza widths. The minimum widths of sidewalks and outdoor plazas shall conform to the following table:

Location	Minimum Standard
In front of a building used for retail or office uses	10 feet
On the side or rear of a building with 90° parking	8 feet
On the side or rear of a building with parallel parking	6 feet
On the side or rear of a building with no parking	4 feet
With outdoor dining or kiosks	16 feet

(a)

Sidewalks in excess of 10 feet in width may be counted as outdoor plaza space for the purposes of meeting the requirements of Subsection K(1).

(5)

Buildings should have architectural features and patterns that provide visual interest from the perspective of pedestrians and motorists. Buildings should include substantial variation in mass through the use of the three main elements of base, field and entablature in the facade as well as variations in their width. Primary building facades shall be enhanced by the use of vertical and horizontal elements, such as plinths, pilasters, arches, and cornices. The middle of the building shall be differentiated from the base by a horizontal transition line. The first story of the building should generally constitute the base of the design for any building three stories or higher. The design of the base, as well as the quality and durability of its materials, should be emphasized in the architectural design.

(6)

Doorways, windows and other openings in the facade of buildings should be proportioned to reflect pedestrian scale and movement and encourage interest at the street level. Retail stores shall have display windows. Multiple front entrances or architectural features should be incorporated into the building design in order to produce human scale elements in the mass of large structures 50,000 square feet and larger.

(7)

The minimum requirement for fenestration on residential facades shall be 20% of the total area, except that a side facade that does not contain an entrance may be reduced to a minimum of 10% of that facade.

(8)

Residential and mixed-use buildings should be designed with common entrances and internal common hallways.

Shopping center organizing elements. Once more than 500,000 of nonresidential gross floor area existing on the date of the adoption of this section, is proposed to be demolished or redeveloped, the following requirements shall apply:

(1)

Redevelopment proposed that is primarily organized as a shopping center or centers shall have at least one central corridor or spine upon which buildings are oriented in the site layout. The central spine may be, but is not required to be, the main driveway or street intersecting the arterial road system at the perimeter of the tract. A major building, such as a hotel or entertainment venue, should terminate the central spine in the interior of the site and provide an anchor for other buildings connected to it. The central spine shall have a pedestrian and vehicular system of circulation. Parallel parking along the central spine is encouraged. Pedestrian circulation along the spine shall have priority over vehicular traffic. Traffic calming devices and designs shall be utilized within the central spine in appropriate locations but are primarily anticipated at intersections of driveways or streets.

(2)

The central spine of the site shall provide for a high-quality pedestrian environment, including the provision of significant landscape architectural elements. These should include street furnishings that evoke an urban center, including benches, pedestrian scale lighting and variable pavement finishes. At least three publicly accessible focal points for the development, such as an outdoor public plaza, fountain, public art or other similar type of amenity, shall be provided along the central spine and one each in all other areas of the planned commercial center not directly connected to the central spine concept. Any individual sites located around the periphery of the tract are to be accessible via pedestrian walkways to the central spine. Parking areas are to be well screened from surrounding roadways and contain significant interior landscaping.

(3)

Buildings shall be a minimum of, or have the appearance of, two stories along the central spine. Front entrances shall face the central spine. Secondary entrances shall face either side streets or driveways, or may face rear-oriented parking lots. Buildings not on the central spine are not required to meet this standard. All entrances intended for the public shall be architecturally prominent and clearly visible. Loading areas shall be oriented to the rear of the front entrances, where designated loading is necessary. Individual establishments in excess of 50,000 square feet of gross leasable area shall be considered anchor tenants. Particular attention shall be paid to building entrances and facades for anchor tenants due to their function as focal points of the development. Entrances shall be prominent within the building facade. In the hierarchy of building materials to be used for the facade, the most expensive and durable materials shall be concentrated at building entrances.