Township of Hamilton, NJ Commercial Districts

In aggregate, the general purpose of the commercial districts is to provide a hierarchy of districts that complement the other zones in the township. Furthermore, it is the purpose of this chapter to locate specific commercial districts along selected regional corridors within the township to assure an organized commercial land use pattern with easy and safe access within the township.

The hierarchy of commercial districts within Hamilton Township has been specifically established to formulate an organized land use pattern of commercial areas. In addition, the specific purposes highlighted herein offer further refinement of the purposes of individual districts identified herein:

(1)

Recreational Commercial District. The Recreational Commercial District is fundamentally an acknowledgment of the existing sports complex within this zone. The purpose of this district is to encourage its continued use or the development of alternate uses with comparable characteristics in a properly designed format.

(2)

Design Commercial District. The Design Commercial District has been established to accommodate the greatest variety of commercial development within the township. The intent of this district is to promote a high level of commercial activity in a completely comprehensive system of commercial land uses. Within this zone, specific attention is required for site planning, relationship of one use to another in areas of traffic, aesthetic, site design, activities of surrounding projects or land uses, sign design, lighting, etc.

(3)

Highway Commercial District. The intent of the Highway Commercial District is to permit commercial development along selected portions of the major arteries in the township. Concentration of these zones along the township's major arteries is also intended to provide adequate control for access, appearance of signage and lighting, orientation, etc., to avoid cumulative impact of random and unplanned highway commercial development.

(4)

Neighborhood Commercial. The Neighborhood Commercial Districts are specifically intended to service the neighborhoods in which they are located with appropriate convenience facilities. In essence, they are an indigenous part of the neighborhood's fabric.

(5)

Existing Commercial. The Existing Commercial Districts are specifically developed to recognize existing commercial facilities located along the major arterial systems of the township, but which are not in a commercial zone.

(6)

General Commercial. The General Commercial Districts are specifically intended to provide commercial facilities within existing populated areas in order to serve that population.

(7)

Planned Commercial Development District. The Planned Commercial Development District is set forth to encourage comprehensively planned commercial complexes along selected arterials with the regional growth district. It is intended that this designation prove an opportunity for the development of high-quality commercial development in a campus-like setting.

(8)

Residential uses in Neighborhood, General, Highway and Village Commercial Districts. It is the intent of this chapter not to permit development of incompatible land uses in any zoning district, be it residential, commercial or industrial. Notwithstanding the foregoing, single-family detached dwellings existing as of the adoption of this chapter can be enlarged or expanded within the aforementioned commercial districts, provided that the dwelling will thereafter comply with all of the requirements of the R-9 District.

[Amended 7-7-1997 by Ord. No. 1261-97]

(9)

Village Commercial District. The Village Commercial District has been established to recognize the existing commercial uses in the older and architecturally significant portions of Mays Landing and to encourage commercial and office uses compatible with the architectural and village character of the area along Main Street and Mill Street between Cape May Avenue (NJ Route 50) and Railroad Avenue. The intent of this district is to promote the conversion of existing buildings in a manner that maintains and preserves the exterior architectural character of the building and surrounding area, to minimize conflicts between commercial and residential uses and to encourage the use of shared parking and driveways in an area with an existing village development pattern.

[Added 7-7-1997 by Ord. No. 1261-97]

Within the township, the following commercial districts have been established in order to attain the stated purposes:

	RC	Recreational Commercial
	DC	Design Commercial
	HC	Highway Commercial
	NC	Neighborhood Commercial
	GC	General Commercial
	EC	Existing Commercial
	PCD	Planned Commercial Development
	VC [Added 7-7-1997 by Ord. No. 1261-97]	Village Commercial (See § 203-74A)

§ 203-58 Permitted, accessory and conditional uses.

Buildings and land in the commercial zoning districts shall be used only for the following purposes:

Permitted uses shall be as follows:

	Districts
Use	GC	DC	HC	NC	RC	EC^a
Game arcades (See § 203-66.) [Amended 7-7-1997 by Ord. No. 1261-97]		X	X^b
Artists' studios	X	X
Banks	X	X	X	X
Agricultural Commercial			X	X
Establishment [Added 7-7-1997 by Ord. No. 1261-97]
Bars, taverns, pubs or inns	X		X		X
Convenience food stores	X		X	X
Drive-in or fast-food restaurants (See § 203-69.)		X	X		X
Drugstores	X	X	X	X
Dry-cleaning establishments	X		X
General business establishments	X		X	X
Golf, tennis and family indoor recreation facilities					X
Medical complexes, nursing or convalescent centers (See § 203-176.)			X^b		X
New car sales and service agencies (See § 203-67.)		X	X
Nursery and garden products		X	X
Personal service establishments such as barber- and beauty shops	X	X		X
Planned commercial developments (See § 203-70.)		X			X
Professional offices [Amended 12-15-2003 by Ord. No. 1482-2003]	X	X	X	X
Regional and design commercial shopping centers (See § 203-71.)		X			X
Restaurants	X	X	X	X	X
Retail stores and shops	X	X	X	X
Sports complexes, stadiums and racetracks					X
Theaters		X			X

Accessory uses: any structure or accessory building that is customarily incidental to any permitted principal use, provided that such use does not create conditions detrimental to the health, safety or general welfare of the community.

Conditional uses shall be as follows:

	Districts
Use	GC	DC	HC	NC	RC	EC^a
Automotive services (See § 203-68.) [Amended 8-3-2009 by Ord. No. 1655-2009]			X
Drive-in banks (See § 203-72.)		X
Planned recreation and entertainment developments (See § 203-75B) [Added 7-7-1997 by Ord. No. 1261-97]					X
Sexually-oriented businesses (See § 203-73.)			X^c

	NOTES:
	^a Existing commercial uses located on Routes 40, 322, 50, Pomona Road (C.R. 575) or Somers Point - Mays Landing Road (C.R. 559 south of the Atlantic Avenue intersection) as of the date of passage of this chapter shall be permitted to expand pursuant to the applicable standards of Article XVI, § 203-199A.
	^b Except in the Forest District.
	^c Except adult motel, adult motion-picture theater and adult theater in any HC District adjoining a Forest District.

§ 203-59 Area and bulk requirements.

Area and bulk requirements shall be as provided in the Table of Lot Requirements for Commercial Districts.[1]

[1]

Editor's Note: The Table of Lot Requirements for Commercial Districts is located at the end of this chapter.

§ 203-60 Off-street parking.

[Amended 7-7-1997 by Ord. No. 1261-97]

All off-street parking shall conform to the requirements of this section as well as other applicable ordinances of the township.

Automobile parking space. The following number of off-street parking spaces shall be provided as set forth below. The Planning Board or Zoning Board of Adjustment, at its discretion, may require more parking spaces than those listed below. The Planning Board or Zoning Board of Adjustment may also allow some parking spaces to be unimproved initially, provided that the physical space is shown in the plans where the unimproved parking spaces could be constructed at a future date if the need arises, as determined by the Planning Board or Zoning Board of Adjustment.

(1)

All nonresidential uses in any zone shall include a minimum number of off-street parking spaces, exclusive of access driveways, as calculated according to the following schedule:

	Nonresidential Land Use	Required Off-Street Parking Spaces
	Animal hospital and clinics	1 per 150 square feet gross floor area
	Art galleries and libraries	1 per 200 square feet gross floor area
	Assembly hall/community center/auditorium/theater	1 per 3 seats or 1 per 150 square feet gross floor area where no fixed seats
	Automobile sales	1 per 300 square feet of showroom plus 4 per service bay
	Banks and financial institutions	1 per 200 square feet gross floor area
	Bars, taverns	1 per 2 service seats
	Beauty culture facilities/ recreational centers/ clubs/health and fitness centers/barbershop	1 per 75 square feet gross floor area
	Bowling alley	5 per alley plus required spaces for other uses
	Building and construction contractor equipment storage buildings	1 per 1,000 square feet gross floor area
	Business, general	1 per 200 square feet gross floor area
	Car wash, automatic	10 stacking spaces per washing lane plus one parking space per employee with a minimum of four parking spaces
	Car wash, self-service	3 stacking spaces per washing lane plus one parking space per employee with a minimum of two parking spaces
	Catering facilities	1 per 100 square feet gross floor area
	Churches and houses of worship	1 per 3 seats or 1 per 72 inches of bench seating and 1 per 100 square feet gross floor area of assembly and meeting rooms
	Country clubs/golf courses	10 per tee, plus required spaces for other uses
	Convenience stores	1 per 100 square feet gross floor area
	Day-care facilities, including child and adult care centers	1 for every three students
	Fast-food convenience stores and self-service food stores	1 per 100 square feet gross floor area plus 2 large vehicles up to 4,000 square feet gross leasable area plus 1 large vehicle per 5,000 square feet gross leasable area above 4,000 square feet gross leasable area
	Fire stations	1 per 250 square feet gross floor area
	Funeral home/mortuary	2 per viewing room plus 1 per 3 seats in each viewing room with a minimum of 40 spaces
	Golf driving range	2 per tee plus required spaces for other uses
	Hospital	1 per 250 square feet gross floor area
	Hotel/motel and lodging	I per room plus one per each employee on maximum shift plus required spaces for other uses
	Industrial/manufacturing	1 per 800 square feet gross floor area
	Library	1 per 300 square feet gross floor area
	Medical center	1 per 250 square feet gross floor area
	Miniature golf	2 per hole plus required spaces for other uses
	Mixed uses	The total requirement shall be the sum of the requirements of the component uses computed separately
	Moving and storage operations	1 per 1,000 square feet gross floor area
	Movie theaters, stand alone	1 per 3 seats
	Movie theaters, in shopping centers	1 per 4 seats
	Nightclub	1 per 3 seats
	Office, general	1 per 300 square feet gross floor area
	Office, medical and dental	1 per 100 square feet gross floor area
	Office, professional	1 for each professional employee and 5 for clients
	Other uses not listed	Same requirement as for the most similar listed use or as per industry standards
	Personal services	1 per 200 square feet
	Police	1 per 250 square feet gross floor area
	Physical, mental, health and rehabilitation centers	1 per 250 square feet gross floor area
	Postal, parcel and courier mailing, shipping and delivery services	1 per 200 square feet gross floor area
	Printing and duplicating, professional studios for dance, music, art, photography	1 per 200 square feet gross floor area
	Research laboratory	1 per 500 square feet gross floor area
	Restaurants	1 per 3 seats
	Restaurants, quick service	1 per 2 seats
	Retail sales and service	1 per 200 square feet gross floor area
	Schools, high school	4 per classroom, but not less than 1 per full-time employee
	Schools, elementary school	2 per classroom but not less than 1 per full-time employee
	Schools, business and vocational school	5 per classroom
	Service station	4 per bay but not less than 4
	Service station with convenience store	4 per bay but not less than 4, plus 1 per 150 square feet gross floor area of convenience store
	Shopping Center
	10,000 to 79,999 square feet gross leasable area	5.5 per 1,000 square feet gross leasable area
	80,000 399,999 square feet gross leasable area	5.0 per 1,000 square feet gross leasable area
	400,000 to 599,999 square gross leasable area	4.5 per 1,000 square feet gross leasable area
	600,000+ square feet gross leasable area	5.0 per 1,000 square feet gross leasable area
	Showroom sales where showrooms display but items are ordered	1 per 400 square feet gross floor area
	Storage warehouse/shipping and receiving/wholesale distribution	1 per 1,000 square feet gross floor area
	NOTE: Gross leasable area is a minimum of 90% of the gross floor area.

(2)

Parking for residential uses shall be determined as follows:

	Residential Land Use	Required Off-Street Parking Spaces
	Apartments	1.75 per dwelling unit
	Dwellings, multiple	2 per dwelling unit
	Hotel, motel, rooming or boarding homes	1 per rental room, plus 1 for each employee on the maximum shift plus 1 per 200 square feet gross floor area of meeting rooms, restaurants and cocktail lounges
	Mobile homes	2 per dwelling unit
	Single-family attached duplexes/twins	2 per dwelling unit
	Single-family detached	2 per dwelling unit

	NOTES: (1)	Garages shall count as 0.5 spaces each.
	(2)	Driveway spaces are to be a minimum of 20 feet in length and shall not interfere with sight triangles.
	(3)	Fractional spaces required. When units of measurements determining the number of required off-street parking and off-street loading spaces result in the requirement of a fractional space, any fractions shall be rounded up to the next whole number and will require an additional space.

Minimum dimensions, etc. See Art. XII, Subdivision, Site Plan and Conditional Use Approval, for parking lot design standards.

Handicapped spaces should be provided pursuant to the subject federal and state laws. Such spaces shall be distributed evenly in close proximity of the entryway to proposed uses. Ramps, lighting, signage, etc., designed and maintained to accommodate handicapped persons shall be part of this handicap space requirement.

[Amended 8-3-2009 by Ord. No. 1655-2009]

Loading areas.

(1)

For buildings of 10,000 gross square feet and less, there should be a minimum of one fourteen-by-five-foot on-site, off street loading area. All loading areas shall be located at the rear of commercial facilities with access and egress routes that will not impair the circulation of passenger vehicles. All loading areas shall be screened from the highway by utilizing a combination of fencing, berming and landscaping. Loading shall not be permitted on streets or in the driveway or on circulation aisles or on sidewalk or pedestrian areas.

(2)

For buildings of over 10,000 gross square feet of floor area, there should be a minimum of 1 space at least 14 feet in width and 55 feet in length and have a minimum vertical clearance of 15 feet, and there shall be an additional such space per each additional 20,000 gross square feet of floor area or part thereof. The loading areas shall be located at the rear of the commercial facilities with access and egress routes that do not impair the circulation of passenger vehicles. All loading areas shall be screened from the highway by utilizing a combination of fencing, berming and landscaping. Loading shall not be permitted on streets or in the driveway or on circulation aisles or on sidewalk or pedestrian areas. Additional space for maneuvering, depending on the arrangement of the loading facilities, shall be provided. Reductions in the space size may be made for certain uses as determined by the Planning Board or the Zoning Board of Adjustment.

(3)

Additional loading spaces or a modification of the sizes of required spaces may be required as determined by the Planning Board or Zoning Board of Adjustment upon review of the particular usage proposed.

(4)

Loading spaces shall be separately designated and distinguished from all drive aisles, refuse areas, parking spaces and pedestrian building access areas. No loading space shall be designed or constructed to share space with any other use on site.

Bicycle racks. Commercial uses within the NC and GC Districts shall be located as part of the parking design to promote the controlled arrangement of bicycles.

Shared parking. Parking requirements may be reduced to account for shared parking among uses, e.g., churches and offices, office and retail, restaurants and office, etc. The reduced parking must be justified to the traffic consultant for the Planning Board or Zoning Board of Adjustment for a recommendation to the Planning Board or Zoning Board of Adjustment. However, in no instance will reduction of over 25% be approved. In addition, the shared parking must be reasonably close to each of the facilities as determined by industry standards, with maximum walking distance between facilities of 300 feet.

Drive-through aisles.

(1)

Facilities that provide for the use, design or construction of a drive-through aisle for any type of customer service shall provide for continuous bypass lane along the entire length of the drive-through aisle with minimum width of 12 feet, such that any vehicle needing access past the drive-through aisle, whether in the drive-through or otherwise, shall have such access.

(2)

Facilities that provide for the use, design or construction of a drive-through aisle shall provide a drive-through aisle length which is able to stack a minimum of 10 standard length vehicles and which has a minimum stacking approach length from the first service window of 175 feet. Such a drive-through aisle shall not directly block or otherwise hinder access to and from parking spaces, loading zones, pedestrian building entries or refuse areas.

Compact parking spaces. Compact parking spaces may be provided on-site with dimension of eight feet by 18 feet. These spaces would be for long-term parking areas only, e.g., employee parking. These spaces would be limited to 10% of the total parking requirement. Use of compact parking will be conditioned upon approval of the use by the Planning Board or Zoning Board of Adjustment. If approved, specialized striping will be required as determined by the traffic consultant of the Planning Board or Zoning Board of Adjustment.

§ 203-61 Landscaping.

[Amended 7-7-1997 by Ord. No. 1261-97]

All commercial developments are required to submit a detailed landscape plan prepared by a New Jersey state certified landscape architect or any other licensed professional authorized by the state to prepare landscape plans, pursuant to requirements established in § 203-151, Environmental impact and site analysis statement requirements, in its entirety, or as partially prescribed by the Planning Board.

Landscaping objectives and uses of plants. Landscape design is an important element in designing a commercial development; accordingly, in site design it has a role greater than just screening and aesthetic functions. The following elements are set forth to identify the areas of landscaping design required as part of any commercial development:

(1)

Architectural uses. Plants, singly or in groups, forming walks, canopies or floors of varying heights and densities, creating walls of privacy, plant canopies, plant floors and screenings, guiding vehicular traffic, identifying entries, providing bases for signs and lights, providing breaks in building continuity, etc.

(2)

Engineering uses. Engineers are concerned with such items as glare, traffic, noise control, soil erosion, minimizing access to unauthorized areas, etc.

(3)

Climate control uses. Shade trees, windbreak trees and snowfence plants are examples of plants used for climate control. Commercial uses include shading for walkways, sitting areas, storefronts, snowdrift control along parking lots, shading of handicap parking spaces, etc.

(4)

Aesthetic uses. Plants can be used to blend together various unrelated elements, such as buildings, utility structures or inharmonious land uses. Landscaping can be very effectively used to improve a building design by complementing a building's design through color, texture, seasonal configurations, highlighting areas of interest, using landscaping creatively with lighting and signage, etc.

(5)

Water as landscape. Water areas can be a handsome and often functional addition to a site design by utilizing detention basins serving engineering purposes as part of the landscaping element. Through creative engineering and good landscape design, such areas can add substantially to the quality of any commercial development by increasing the aesthetic interest, creating of moats for security purposes and recycling water for cooling and refrigeration.

(6)

Security uses. Plant material can be utilized to encourage security by using thorny plants as window bases, along security fences, etc.

(7)

Wildlife habitat. Wildlife habitat is not an element of commercial design; thus care must be taken to avoid plant material that may attract wildlife to commercial edges or provide supplemental habitat.

Planting requirements.

(1)

All areas not covered by roadways, pedestrian walkways, parking areas, etc., shall be landscaped with natural materials according to a landscaping plan submitted as part of the site plan application process.

(2)

Canopy trees. The minimum number of canopy trees two to three inches in caliper measured six inches from the top of the root ball^a are indicated as follows by district:

	Districts
Requirement^a	GC	DC	HC	NC	RC	EC	PCD
One tree per 35 feet of perimeter property line^b	X		X	X		X^d	X
One tree per 50 feet of perimeter property line^b		X			X
One tree per retail store^c	X	X	X	X	X	X	X

	NOTES:
	^a	A two- to three-inch caliper canopy tree shall be at least 12 feet in height at the time of planting. Clump or flowering trees incapable of being measured six inches from the top of the root ball shall be at least 12 feet high at the time of planting.
	^b	Plant material to be equally divided between the front and rear yard areas of the dwelling units.
	^c	Plant material to be planted in the front yard area.
	^d	Excluding roadside stands.
	^e	All plant material in this category shall be from approved Pinelands plant material sources. To assure variation, plant material shall be at least 40% mature at the time of planting.

(3)

Shrubs, ground cover and ornamental plantings. Seventy-five percent of all areas not covered by buildings, roadways, pedestrian walkways, parking areas, etc., shall be covered with a combination of evergreen shrubs, ground cover and ornamental planting. The intent, however, is to assure the proper uses of understory plant material along the edges of buildings, walkways, bases of signs and bases of streetlights, creation of plant walls, highlighting entranceways, screening trash enclosures, restricting entry by certain areas, basic ornamental planting, etc.

(4)

All signage introduced as part of the site development package shall have at its base a creative planting arrangement consisting of shrubs, ground covers, perennial and/or annual plant materials. Plant heights shall not be of such a height so as to impede sight triangle easements of intersecting roads and driveways.

[Added 7-7-1997 by Ord. No. 1261-97]

Special landscaping emphasis. At a minimum, the applicant shall highlight the landscape plan with the projected treatment for the following areas and/or use relationships:

(1)

Parking lots. All parking lots in commercial developments shall be landscaped in the following fashion:

(a)

At a minimum, off-street parking lots in the designated districts shall be landscaped in accordance with the indicated percentages. The landscaping shall be located in protected areas along walkways, in center islands and in all irregular spaces not used for parking. In addition to ground cover, shrubbery, ornamental plantings and general landscape material, such landscaping shall include one canopy tree per 1,225 square feet of required landscape area. See § 203-190, Design guidelines.

GC District: 10%.

DC District: 20%.

HC District: 15%.

NC District: 10%.

RC District: 20%.

EC District: 10%.

Whenever an off-street parking area exceeds 100 spaces, the area shall be divided into four sections, with each section being separated by a concrete divider strip, a minimum of 15 feet wide, landscaped with canopy trees as prescribed herein. Lighting standards shall be provided in such divider strip to provide adequate and safe lighting for the site. Such divider strip shall also be designed with a pedestrian route similar to a sidewalk which will provide safe access from the off-street parking area to the principal buildings on the site.

(2)

Maintenance, storage and refuse collection areas. These areas shall be landscaped with buffer and screen planting to provide visual physical separation of such elements from contiguous areas.

(3)

Whenever the rear or side of buildings or sites may be viewed from a residential district or from an adjoining street, then a buffer landscape strip shall be provided pursuant to the standards of § 203-169, Buffer landscaping requirements.

(4)

The Planning Board may require special landscape treatment to initiate the objectives of Subsection A if site conditions warrant.

All planting required as part of this chapter shall be regularly maintained in a neat and orderly fashion. As required, all plant material that is part of the overall landscaping plan shall be replaced as required with plant material of a size and quantity as originally required.

Maintenance schedules.

(1)

All landscaping plans in all commercial districts must be accompanied with a maintenance schedule which, at a minimum, stipulates:

Lawn care.

Tree and shrub care.

Seasonal planting.

Weed, disease and pest control.

(e)

Fertilizing and land preparation.

(f)

Irrigation systems services.

(g)

Other services.

(2)

An explanation shall be provided outlining the responsible entity for maintenance accompanied by a renewable twelve-month maintenance plan.

Retention of native plant material, specimen trees and all individual trees in accordance with § 203-182 of this chapter.

[Amended 7-7-1997 by Ord. No. 1261-97]

(1)

The location of native plant material and specimen trees to be preserved (retained) shall be indicated on the plans and marked in the field.

(2)

Plant material to be preserved (retained) shall be protected from damage during construction by snow fence or similar barrier located at or beyond the drip line and according to § 203-182. Location and method of protection shall be indicated on the landscape plans.

Substitutions of existing plant material for required landscaping. Upon inspection and recommendation of its professional staff, the Planning Board may accept existing native plant material as a substitute for any proposed landscape plan.

Location of landscape material. The location of all existing and proposed landscape material shall be so as not to obstruct vision in parking areas, along roadways or other areas accessible to motorized vehicles.

In the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 203-185A(4).

[Added 8-4-1997 by Ord. No. 1280-97]

§ 203-62 Lighting.

Lighting standards within a planned commercial development shall be as follows:

All lighting shall be designed, oriented and selected to prevent glare upon surrounding properties or roadways.

The maximum height for any light standard shall not exceed 25 feet or as otherwise designated.

Pedestrian-oriented lighting shall be low or mushroom-type standards located along pedestrian routes, bike paths, recreation areas, etc.

Lighting intensity standards shall be as follows:

[Amended 7-7-1997 by Ord. No. 1261-97]

(1)

Open parking areas shall have a maximum luminescence of 0.6 footcandles and a uniform ratio (average to minimum) of 4 to 1 measured at pavement level.

(2)

Vehicle use areas shall have an average illumination of 1.0 footcandles and a uniform ratio (average to minimum) of 3 to 1 measured at pavement level.

(3)

The maximum intensity measured at pavement level along the property line shall be 1.0 footcandles.

Adequate night lighting or parking, loading and pedestrian circulation areas shall be maintained.

All lighting shall conform to the requirements as set forth within § 203-167B.

[Added 7-7-1997 by Ord. No. 1261-97]

§ 203-63 Signs.

See Article XIII, § 203-144, for applicable sign regulations for all commercial districts.

§ 203-64 Fences.

Fences shall be permitted in all commercial districts as part of commercial development subject to Article XV, Special Regulations, § 203-173, Maximum height requirements for fences, walls and hedges, provided that:

They are limited to the rear property yard and placed within the landscaped portion of a perimeter setback.

They are designed to be in architectural conformity with the style and design of the building type.

§ 203-65 Additional standards.

Within each Highway Commercial, Design Commercial and Recreational Commercial District, a consolidated, internal circulation system for pedestrians, automobiles, trucks and bicycles to service each building or group of buildings within the complex shall be created. Such internal circulation system shall serve to organize the flow of internal traffic and to promote its orderly integration into the township circulation system.

In reviewing plans for commercial development of highway frontage along Routes 40, 322 and 50 and Wrangelboro Read, the Planning Board shall require compliance with the following standards:

(1)

No building, group or combination of buildings shall front directly upon a public highway, but it shall front upon a marginal street.

(2)

Such marginal street shall be physically separated from a public street or highway by a curb or other suitable barrier and a planting strip, shall be parallel to the public highway and shall be designed to serve a number of permitted uses.

(3)

No accessway from such marginal street shall be located within 200 feet of any roadway intersection.

Trash storage and removal.

(1)

All trash compactors, bins and areas of refuse storage shall be consolidated and located in such a manner so as to be screened from view, self-contained and fully accessible to disposal vehicles. Such facilities shall be maintained in a clean and orderly condition at all times. No trash containers or other material shall be visible at any time. Adequate water conditions shall be located contiguous to such areas to permit proper and regular cleaning. Enclosures for such facilities shall be designed of durable material in architectural conformity with the primary buildings.

(2)

In conjunction with a trash removal program, all commercial facilities in the Recreational Commercial, Highway Commercial and Design Commercial Districts must arrange trash removal facilities to accommodate recycling programs initiated by the township (i.e., bins for paper, glass, etc.).

Energy conservation. All commercial facilities in the Highway Commercial, Design Commercial and Recreational Commercial Districts shall indicate the energy-saving techniques utilized in the respective projects.

Security plan for the commercial districts. At a minimum, all commercial projects have to submit a security plan indicating the following:

(1)

Emergency access routes for police, fire and ambulance services.

(2)

Architectural techniques utilized to deter various forms of crime: steel doorjambs, alarm systems, security lighting, elimination of dark alcoves and alleyways, etc.

(3)

Control of common areas in lobbies, malls, office space, entry points, both indoor and outdoor, indicating the proposed security system to be utilized.

(4)

Identification of the professional responsible for formulation of the security plan for the proposed project.

Fire zones. All commercial facilities shall have the required fire zones as stipulated by the Hamilton Township Fire Department.

Conditions for sexually oriented businesses.

(1)

Sexually oriented businesses shall comply with the minimum area and bulk requirements, parking requirements and lighting requirements established for the Highway Commercial District.

(2)

In addition to the landscape standards for the HC District, sexually oriented businesses shall provide a minimum of a fifty-foot perimeter buffer, consisting of existing vegetation supplemented by additional evergreen plantings to the satisfaction of the Planning Board.

(3)

Only one identification sign and one exterior sign, giving notice that the premises is off-limits to minors, shall be permitted. The identification sign shall be no more than 40 square feet and shall comply with the height, location and lighting requirements established in Article XIII, § 203-144, of this chapter.

(4)

No private booths shall be permitted. Video screens may be shielded by the placement of a covering enclosure around the viewing screen only. The screening enclosure shall be constructed in a manner which precludes patrons of adjacent or adjoining video machines from engaging in anonymous sexual activity.

§ 203-66 Gaming arcades.

[Amended 7-7-1997 by Ord. No. 1261-97; 8-3-2009 by Ord. No. 1655-2009]

Gaming arcades, as defined in this chapter, shall be permitted in the Design Commercial and Highway Commercial Zones (NOTE: except in Forest Areas), provided that:

In each arcade establishment there shall be present full-time adult supervisory personnel on the premises.

Hours of operation must be posted in clear view, along with the name of responsible supervisory personnel.

The interior of the building shall be adequately lighted and constructed so that every portion thereof is readily visible to supervisory personnel from a counter or other similar permanent station.

No arcade shall be located within 1,000 feet of any church, school, park or playground or other area where large numbers of minors regularly congregate.

Arcades shall comply with the minimum area bulk requirements, parking requirements, landscape requirements and lighting requirements established, for the Design Commercial and Highway Commercial Zones.

§ 203-67 Automobile sales and service establishments.

Purpose. Automobile sales and service establishments shall be permitted, provided that they are new car sales and service establishments operating as a manufacturer's franchise and represented by a new car automotive sales establishment and used sales establishment.

Minimum requirements shall be as follows:

(1)

Size of site. The site of an automobile sales and service establishment shall be a minimum of five acres of land with a minimum frontage of 300 feet.

(2)

Height of building. The height of the principal buildings of the automobile sales and service establishments shall not exceed 2 1/2 stories or 35 feet.

(3)

Building coverage. The buildings and structures constituting an automobile sales and service establishment shall not cover or encompass more than 15% of the total land area allocated to said establishment.

(4)

Minimum required setbacks:

(a)

Front yard: 150 feet.

(b)

Side yard: 50 feet.

(c)

Rear yard: 75 feet.

(d)

No automobile shall be displayed any closer than 25 feet to the front yard property line.

(5)

Automotive service activity related to a new and used car sales and service activity to be enclosed. All automotive service activities and operations shall be conducted within fully enclosed structures. No commercial gasoline stations shall be permitted. As part of a new or used car sales or service, operation of a gasoline-dispensing facility which is an integral part of said operation and is not open to the public may be permitted.

(6)

Entrances and exits. All service entrances and exits shall be located at the rear or side of the principal buildings.

(7)

Off-street parking: See § 203-60.

[Amended 7-7-1997 by Ord. No. 1261-97]

(8)

A landscaped strip shall be established along the front setback portion of the street frontage. The landscape improvements shall consist of low-growing shrubs and/or evergreen ground covers. Turf and mulch beds are permitted in conjunction with the plant material in a visually pleasing arrangement. There shall be six shrubs per 10 feet zero inches lineal feet of landscape strip.

[Added 7-7-1997 by Ord. No. 1261-97]

(9)

All other applicable regulations set forth in the commercial districts.

§ 203-68 Automotive services.

[Anended 7-7-1997 by Ord. No. 1261-97; 8-3-2009 by Ord. No. 1655-2009]

Purpose. Automotive services shall be permitted, provided that the minimum requirements are met.

Minimum requirements shall be as follows:

(1)

Such facility shall have a minimum site size of 40,000 square feet, with a minimum width of 200 feet.

(2)

The height of a service station shall not exceed one story or 25 feet.

(3)

There shall be a front yard setback of a minimum of 75 feet; one side yard setback of at least 20 feet for each side yard; and a rear yard setback of at least 35 feet.

(4)

The means of vehicular access and egress at the facility must be clearly defined and controlled to ensure safe and efficient operation of the facility and to assure safe integration of automotive traffic with other vehicular and pedestrian traffic.

(5)

Exterior lighting shall be arranged so that it is deflected away from adjacent land uses and should be arranged so as not to obstruct or deter the visibility of drivers or pedestrians. No blinking or flashing lighting system shall be permitted.

(6)

See § 203-60 for required parking spaces. Such spaces shall be located in the rear or side yard of the site.

[Amended 7-7-1997 by Ord. No. 1261-97]

(7)

Except for gasoline or oil sales, changing of tires and other similar minor automobile servicing, all other repair work shall be carried on in fully enclosed structures.

(8)

Outdoor storage of equipment or parts shall not be permitted.

(9)

Signs, pennants, flags and all other advertising displays visible or audible from any public right-of-way are prohibited except as allowed under the Sign Article of this chapter.[1]

[1]

Editor's Note: See Art. XIII, Signs.

(10)

All gasoline and similar substances shall be stored underground at least 25 feet from any property line other than a street line. No gasoline pump shall be erected within 25 feet of any street or property line. All gasoline or petroleum storage service tanks shall be pressure-tested at installation and every five years thereafter, and a sworn statement shall be submitted to the township stating that the tank is watertight.

(11)

[Amended 7-7-1997 by Ord. No. 1261-97]

(12)

All other applicable regulations set forth in the commercial districts.

§ 203-69 Fast-food restaurants and convenience stores.

[Amended 7-7-1997 by Ord. No. 1261-97]

Purpose. The purpose of this section is to establish performance standards for fast-food convenience stores and fast-food restaurants and similar establishments.

Minimum requirements shall be as follows:

(1)

Area and bulk requirements:

(a)

Minimum lot size: 80,000 square feet.

(b)

Minimum lot width: 200 feet.

(c)

Maximum lot coverage:

[1]

By building: 15%.

[2]

By impermeable surface other than building: 60%.

(d)

Minimum building setbacks:

[1]

Front yard: 74 feet.

[2]

Side yard, each: 30 feet.

[3]

Rear yard: 30 feet.

(e)

Minimum building size: 2,000 square feet.

(f)

Maximum building height: One story and 20 feet.

(2)

Other regulations. Minimum distance between freestanding fast-food restaurants: 2,500 feet, unless such facilities are located on pad sites in a shopping center where access and egress are provided by common circulation system of the shopping center.

(3)

All other applicable regulations set forth in the GC Zone.

(4)

All signage produced as part of the site development package shall have at its base, a creative planting arrangement consisting of shrubs, ground covers, perennials and/or annual plant materials. Plant heights shall not be of such a height so as to impede sight triangle easements of the intersecting roads and driveways.

Convenience stores and fast-food restaurants, where permitted in specified zones, shall be subject to the following supplemental zoning regulations:

(1)

The use shall be conducted within a totally enclosed, permanent building.

(2)

The use shall provide separate public rest room facilities easily accessible from the interior of the building for male and female customer use.

(3)

Ingress and egress shall be provided from nonresidential arterial or collector street.

(4)

Adequate on-site parking for standard and large vehicles shall be provided. Large vehicle parking spaces shall be screened from view from any public street.

(5)

Adequate on-site loading zones shall be provided. The loading zone shall not be located within any other drive aisle or parking space and shall be screened from the street and adjoining properties.

(6)

Adequate on-site refuse and recycling storage facilities shall be provided.

§ 203-70 Planned commercial development.

[Amended 7-7-1997 by Ord. No. 1261-97; 2-22-2000 by Ord. No. 1357-2000]

Purpose.

(1)

The purpose of a planned commercial development is to encourage comprehensively planned commercial development along selected arterials within the Regional Growth District. The design process is intended to include but not be limited to land use planning, building orientation, traffic planning, landscape design, site design, energy planning and architectural design to achieve a comprehensive planned commercial facility. A planned commercial development is not intended to allow any commercial use other than as set forth below.

(2)

Applicants utilizing this section are encouraged to present innovations in design that consider existing and surrounding site conditions. Furthermore, inclusion of this alternative is specifically incorporated to preclude conventional commercial sprawl along the major arteries of the township and concentrate development in a fashion that would allow accessibility, identity, travel control, etc.

Conditions for planned commercial development. The following are prerequisite conditions for considerations of a planned commercial development:

(1)

Any tract of land so developed shall be in one ownership, or, in case of multiple or contiguous ownership of the tract, it shall be developed according to a single plan with common authority and common responsibility.

(2)

In order to qualify as a planned commercial development, the development shall provide for a minimum of 15 contiguous acres and a maximum of 25 acres.

(3)

All of the tract must lie within the Growth Area District in the township.

(4)

An application for a planned commercial development must be accompanied by an environmental impact statement.

Uses. The following uses are permitted in a planned commercial development, provided that they are designed as part of a comprehensively planned system of buildings linked by open space:

(1)

Banks.

(2)

Business and professional offices.

(3)

Fully enclosed restaurants and drinking establishments, retail uses, health and exercise facilities and/or clubs, day nurseries and/or day-care facilities, personal training centers, hotels and motels and recreational facilities (both outdoor and indoor), provided that these nonoffice uses are part of an office use development and the square footage of the nonoffice portion of the development is 15% or less of the total square footage of the development if the development does not have a hotel/motel; otherwise, a maximum of 25% by the nonoffice portion of the development.

Accessory uses. Any accessory uses and buildings reasonably and customarily incidental to any of the principal uses permitted herein are permitted, provided that such accessory buildings and uses do not create conditions detrimental to the health, safety or general welfare of the community nor impact the overall design intent of the planned commercial development.

Permitted locations. Planned commercial developments are permitted as designated on Zoning Map 4,[1] as amended, in the following zones: HC, RC, DC, GA-M, GA-I, the relevant portions of which are attached hereto.

[1]

Editor's Note: The Zoning Map is on file in the office of the Township Clerk, where it may be examined during regular business hours.

Sewer availability. Planned commercial developments are subject to sewer availability as defined in this chapter.

Area and bulk requirements.

(1)

Minimum lot size. The minimum size for a planned commercial development shall not be less than 15 acres.

(2)

Maximum lot size. The maximum size site for a planned commercial development shall not be greater than 25 acres, except as permitted herein.

(3)

Subdivision. Existing lots as of the adoption of this chapter cannot be subdivided so as to increase the number of lots available for a planned commercial development.

(4)

Minimum lot width. The minimum site width shall be no less than 500 feet of frontage of U.S. Route 40, U.S. Route 322 or Wrangleboro Road, as designated on Zoning Map 4, as amended.[2]

[2]

Editor's Note: The Zoning Map is on file in the office of the Township Clerk, where it may be examined during regular business hours.

(5)

Parcel share. If located on a lot of more than 25 acres in size in the GA-I or GA-M Districts, planned commercial development shall be permitted only if it can be demonstrated that a minimum of 25 upland acres will remain on the lot for residential development.

(6)

Setbacks.

(a)

All buildings, structures and parking areas shall have a minimum setback of 75 feet from all property lines unless otherwise noted herein.

(b)

All buildings shall be set back 200 feet from all roadway property lines. However, in cases where buildings are sited with their greatest depth at right angles to the road frontage and have a minimum width of open space between parallel buildings of at least two times the width of the widest part of the building facing the road, the setback shall be 100 feet. In no case, however, shall the minimum width be less than 150 feet between parallel buildings.

(c)

Required landscape areas.

[1]

A minimum fifty-foot-wide natural buffer shall be maintained around the perimeter of the site. This buffer shall be supplemented with evergreen plantings when the side or rear of a building or service area is visible at the site perimeter.

[2]

For every building having a length of 100 feet, there shall be a bermed landscape area for every 50 feet of building length. Such bermed landscape area shall not be less than 30 feet long, 10 to 20 feet wide and four to six feet high at its center. The subject area shall, at a minimum, be landscaped with:

[a]

Three canopy trees. (See standards for canopy trees and buffer areas.)

[b]

Eight understory trees. (Such trees shall be a minimum of four to six feet high at time of planting.)

[c]

Twenty shrubs. (Such plant material shall be at least 40% mature at time of planting.)

[d]

Where natural plant material exists, it shall be retained.

[3]

The intent is to encourage open space development that provides perpendicular open space corridors penetrating from road frontages into project areas.

(7)

Buffer relationships of commercial uses to residential uses. For any planned commercial development abutting a residential district or use, there shall be established a minimum buffer area of 200 feet.

(8)

Height. The height of any building constructed in a planned commercial development shall not exceed 40 feet or four stories.

(9)

Building length. The building length should not exceed 100 feet in any one direction from a point of linkage. "Point of linkage" shall be defined as any element, including but not limited to the following;

(a)

A circulation element.

(b)

Public access.

(c)

A pass-through (from one side of the building to the other side of the building via a public access system).

(d)

A fifteen-foot offset for the height of the building.

(e)

A pedestrian arcade system providing all-weather ingress and egress from various points of the building and along its various accesses.

(10)

Distance between buildings on the same site or lot. The distance between two or more buildings on the same site or lots shall not be less than 50 feet at the closest point.

(11)

Size of principal buildings. The size of the principal buildings shall not be less than 2,500 square feet, except for hotels and motels, which shall have no fewer than 50 units.

(12)

Open space.

(a)

Notwithstanding any other provisions of this chapter, a minimum of 25% of the land area of any parcel developed within a planned commercial development shall be open space consisting of plantings, lawn area, existing natural vegetation or a combination thereof.

(b)

The developable open space shall consist of a planned recreational area consisting of sitting, walking and gathering places, pavilions, etc. The intent is to provide such open space amenities for employees and use of the planned commercial development. Such facilities shall be developed in a park-like setting and distributed evenly among the clusters of buildings throughout the project. The intent herein is to create a campus-like setting for commercial buildings.

(13)

All signage produced as part of the site development package shall have a landscape design for the base of the sign consisting of shrubs, ground covers, perennials and/or annual plant materials. Such design shall incorporate texture, seasonal color and mass of plant material. Plant heights shall not be of such a height so as to impede sight triangle easements of the intersecting roads and driveways.

Other regulations.

(1)

Each planned commercial development shall have a consolidated internal circulation system for pedestrians, automobiles, trucks and bicycles to service each building or group of buildings within the complex. Such internal circulation system shall serve to organize the flow of internal traffic and to promote its orderly integration into the township circulation system. Each planned commercial development shall have no more than two ingress and egress lanes to any one highway or street.

(2)

Loading areas.

(a)

For all planned commercial developments, one on-site, off-street loading area 14 feet wide by 35 feet long for each 10,000 square feet of floor area or part thereof shall be provided.

(b)

All loading areas shall be located at the rear of commercial facilities with ingress and egress routes that do not impair the circulation of passenger vehicles.

(c)

All loading areas shall be designed to be completely screened from view utilizing a combination of fencing, berming and landscaping.

(3)

All other regulations set forth in Article IX, Commercial Districts, except as noted in this section, shall apply to planned commercial developments.

Deviation from standards.

(1)

Lot size. The lot size may be increased to a maximum of 40 contiguous acres if Pinelands development credits are acquired and redeemed for the additional acreage over 25 acres at the rate of three rights per acre for each acre over 25 acres in the GA-I District and two rights per acre for each acre over 25 acres in the GA-M District.

(2)

Nonoffice use. Nonoffice uses can exceed the maximum square footage as contained within § 203-70C(3) by purchasing and redeeming Pinelands development credits. The amount of Pinelands development credits will be at the rate of three rights per acre for each acre within the GA-I District and two rights per acre for each acre within the GA-M District applied to the percentage of the development site by which the actual square footage exceeds the permitted square footage. For example, on a twenty-acre site on which 30% of the square footage is proposed to be retail in the GA-I District, the excess retail (i.e., the 15% above the permitted 15%) would require the purchase of nine rights calculated as follows:

	—	30% (proposed) x 20 acres = 6 acres 15% (permitted) x 20 acres = 3 acres Difference: 3 acres
		3 acres x 3 rights or 9 rights in the GA-I District.

(3)

Parcel share. If less than 25 upland acres would remain on a lot in the GA-I or GA-M Districts, planned commercial development may be permitted if Pinelands development credits are acquired and redeemed for each remaining upland acre at a rate of three rights per acre in the GA-I District and two rights per acre in the GA-M District.

(4)

Any other deviations shall require variance relief, if justified, and the acquisition of Pinelands development credits as may then be required by § 203-5F(4)(d).

§ 203-71 Regional and design commercial shopping centers.

Purpose. The purpose of these controls is to set forth standards to guide development of shopping centers in Hamilton Township.

Permitted uses. The following uses shall be permitted within designated shopping centers:

Use	Regional ^a,b	Design Commercial ^a,c
Banks, general business, governmental, finance, utility, insurance and similar professional offices	X	X
Dry-cleaning service establishments, provided that such dry-cleaning work carried out on the premises is done exclusively in support of the retail service function located on the premises	X	X
Health and exercise facilities or clubs [Added 2-1-1993 by Ord. No. 1140-93]	X	X
Library or community centers for cultural activities	X	X
Medical and dental offices; clinics and laboratories-	X	X
Minor repair establishments or stores engaging in the repair of televisions, radios, watches, shoes, appliances and other common household and personal objects	X	X
Motion-picture theaters or radio or television studios in fully enclosed structures, excluding, however, any tower apparatus required to service such facilities	X	X
Motor vehicle tire, battery and accessory sales, new car sales agency and motor vehicle repairs as an accessory use, but not excluding the sale and display of used cars except as may be incidental to the operation of a new car sales agency	X	X
Personal service establishments or stores, including but not limited to beauty and barber shops and similar businesses	X	X
Restaurants wherein the consumption of food dispensed or sold therein or thereby occurs within a structure or a defined outdoor area and specifically excluding outdoor counters, drive-through or curb service [Amended 8-3-2009 by Ord. No. 1655-2009]	X	X
Retail baking, where baking undertaken on site is an accessory use to a retail bakery outlet	X	X
Retail sales and service establishments	X	X
Storage and warehouse operations as accessory uses physically connected to permitted uses within the shopping center	X	X
Any use of the same general character as any of the above-permitted uses when so interpreted by the Planning Board	X	X

	NOTES:
	^a	Each phase of the department stores and associated mall shops is planned and developed and managed as a comprehensive unit, whether or not owned by one or more entities.
	^b	All phases taken together, including ancillary surrounding uses, shall contain, at a minimum, 500,000 square feet of floor area and at least 25 separate retail establishments.
	^c	All phases taken together, including ancillary surrounding uses, shall contain, at a minimum, 150,000 square feet of floor area and at least 10 separate retail outlets.

Lot and building controls.

(1)

The retail commercial and service establishments contained in any shopping center shall be designed and constructed as one attached architectural unit, including buildings, on-site parking facilities, on-site loading facilities and other requirements as contained herein.

(2)

Site size. Every shopping center shall have a contiguous site uninterrupted by easements, roadways or any other element. The minimum site size consisting of developable acreage shall be:

(a)

Regional: 50 acres.

(b)

Design commercial: 20 acres.

(3)

Height of buildings. No structure shall exceed a height of:

(a)

Regional: 65 feet or three stories.

(b)

Design commercial: 40 feet or two stories.

(4)

Building coverage of lot. All buildings shall not cover more than:

(a)

Regional: 25%.

(b)

Design commercial: 30%.

(5)

Perimeter-landscaped open space. A minimum perimeter-landscaped open space shall be established along the property line of the subject use. Where any shopping center abuts an existing or proposed residential use, the setback areas shall be increased by 50% and buffered as prescribed after appropriate noise, light and other required tests are performed.

(a)

Regional: 100 feet.

(b)

Design commercial: 100 feet.

Landscaping. Landscaping controls set forth under § 203-61 of Article IX, Commercial Districts, shall be provided.

Signs. Signs shall be provided according to Article XIII, Signs.

Off-street loading facilities. Areas for loading and unloading of delivery trucks and other vehicles and for refuse collection, fuel and other service vehicles shall be provided and shall be so arranged that they may be used without blocking or interfering with the use of access roads, parking lot driveways or turnarounds, customer parking spaces or the pedestrian circulation system. Such facilities shall be located at the rear of the facilities being serviced. Separate loading facilities for retail stores having more than 25,000 square feet and common loading facilities for groups of retail stores of less than 25,000 square feet shall be provided. Stall lengths, widths, clearance heights and maneuvering area shall be adequate to accommodate fifty-foot length over-the-road trailers. Truck-loading service courts or recessed shipping docks shall be properly screened from public view.

Lighting. Adequate lighting shall be provided to all parking areas, loading areas and pedestrian circulation areas and other areas as required in accordance with standards set forth in Article IX, Commercial Districts, § 203-62, Lighting, of this chapter, except that the height of light standards may be 35 feet.

[Amended 8-3-2009 by Ord. No. 1655-2009]

Off-street parking. The following parking standards shall be applicable to shopping centers:

(1)

See § 203-60 for off-street parking requirements.

[Amended 7-7-1997 by Ord. No. 1261-97]

On-site utilities and services. The following on-site utilities and services shall be provided and adequately maintained at the developer's expense:

(1)

Shopping centers shall be provided with and served by water and public sewer facilities or with acceptable alternatives approved by the Hamilton Township Utilities Authority and Board of Health.

(2)

Provisions for storm drainage (including stormwater retention), entrance and access ways (including necessary improvements within the adjacent public rights-of-way) and provisions for trash removal shall comply with design standards and improvement requirements of the Hamilton Township subdivision and site plan review provisions.

(3)

All utility service lines in shopping centers shall be underground.

(4)

Shopping center premises shall be continuously maintained in a clean, orderly and attractive manner, free of scattered refuse, and trash containers for the use of the public shall be placed at convenient locations on the premises and emptied at regular intervals.

Project theme or motif. All shopping centers shall be designed with an overall theme or motif that is stated in narrative terms and reflected in architectural renderings of the project. The concept of requiring the development of a theme is to upgrade the aesthetic qualities of major commercial developments so as to initiate a spillover value to surrounding land uses.[1]

[1]

Editor's Note: Former Subsection K, Market analysis, which immediately followed, was repealed 8-3-2009 by Ord. No. 1655-2009.

§ 203-72 Drive-in banks.

Purpose. The purpose of this section is to establish performance standards for drive-in bank facilities as adjuncts to branch bank buildings.

Minimum requirements shall be as follows:

(1)

Area and bulk requirements:

(a)

Minimum lot size: 40,000 square feet,

(b)

Minimum lot width: 150 feet.

(c)

Maximum lot coverage:

[1]

By building: 10% maximum coverage.

[2]

By impermeable surface other than building: 60%.

(d)

Minimum building setbacks:

[1]

Front yard: 75 feet.

[2]

Side yard, each: 30 feet.

[3]

Rear yard: 30 feet.

(2)

Other regulations: minimum buffer requirements established in § 203-169, Buffer landscaping requirements.

(3)

See Section 203-60 for on-site parking requirements.

[Amended 7-7-1997 by Ord. No. 1261-97]

§ 203-73 Sexually oriented businesses.

Statutory authorization; findings of fact; purpose and objectives.

(1)

Statutory authorization. The Legislature of the State of New Jersey has delegated the responsibility to the local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Township Committee of the Township of Hamilton and State of New Jersey does ordain as follows.

(2)

Findings of fact. Sexually oriented businesses have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them; cause increased crime, especially prostitution; adversely affect property values; create an atmosphere which is inimical to the values of a significant segment of the township's population; and encourage residents and businesses to move elsewhere. It is further recognized that sexually oriented businesses, when located in close proximity to each other, contribute to urban blight and downgrade the quality of life in the adjacent areas.

(3)

Purpose and objectives. It is the purpose of this section to regulate sexually oriented businesses to minimize and control the adverse effects recognized in Subsection A(2) and to promote the public health, safety and general welfare of the citizens of the township. It is not the purpose of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, nor will this section have the effect of restricting or denying such access.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT ARCADE

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to one person per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

ADULT BOOKSTORE or ADULT VIDEO STORE

A commercial establishment which, as one of its principal business purposes, offers for sale or for rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

ADULT CABARET

A nightclub, bar, restaurant or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity; or

(2)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

ADULT MOTEL

A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which:

(1)

Provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from a public right-of-way which advertises the availability of these adult types of photographic reproductions;

(2)

Offers a sleeping room for rent for a period of time that is less than 10 hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.

ADULT MOTION-PICTURE THEATER

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. Adult motion-picture theaters shall meet the seating criteria established for adult theaters.

ADULT THEATER

A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. Seating shall be provided in a design consistent with traditional movie theaters. All sitting areas shall be visible and unobstructed.

COMMERCIAL DISPLAY

The exhibition to the senses of another person for valuable consideration, whether the valuable consideration is paid by the recipient of the exhibition or by another and whether the exhibition occurs at the exhibitor's place of business or elsewhere.

NUDITY or A STATE OF NUDITY

The appearance of a human bare buttocks, anus, male genitals, female genitals or female breasts.

OBSCENE MATERIALS

The definition of obscene materials set forth in P.L. 1978, c. 95, as amended by P.L. 1982, c. 211, § 1 (effective December 23, 1982, as N.J.S.A. 2C:34-2), as the same shall be from time to time amended or supplemented, as well as in accordance with and not more strictly than judicial interpretations thereof pursuant to the Constitutions of the United States and of the State of New Jersey finally concluded in courts of jurisdiction sufficient to render decisions on constitutional questions of general application.

PERSON

An individual, proprietorship, partnership, corporation, association or other legal entity.

SEXUALLY ORIENTED BUSINESS

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater or adult theater.

SPECIFIED ANATOMICAL AREAS

[Amended 10-21-1996 by Ord. No. 1252-96]

(1)

Less than completely and opaquely covered by fabric or cloth, human genitals, pubic region, anus or female breasts below the point immediately above the top of the areola down to the bottom of the areola. The entire areola and nipple of the female breasts must be completely covered by opaque fabric or cloth as is shown on Exhibit "A" annexed hereto and made a part hereof[1]; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) through (3) of this definition.

[1]

Editor's Note: Exhibit "A" is located at the end of this chapter.

Location of sexually oriented businesses.

(1)

A person commits an offense if he operates or causes to be operated a sexually oriented business:

(a)

Within 1,000 feet of a place of worship.

(b)

Within 1,000 feet of any school, whether public or private, or within 1,000 feet of any school bus stop.

(c)

Within 1,000 feet of a boundary of a Growth Area, Village or Rural Development District.

(d)

Within 1,000 feet of any public area as defined by this chapter.

(e)

Within 1,000 feet of any other sexually oriented business.

(f)

Within 500 feet of a residential use.

(2)

Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a place of worship, a school, a boundary of a residential district, a public area, a lot devoted to residential use or another sexually oriented business.

(3)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the establishment of the sexually oriented business, of a place of worship, school, public area, residential district or residential lot within 1,000 feet of the sexually oriented business.

(4)

Sexually oriented businesses shall conform to the location and development requirements established in this chapter.

Prohibition against commercial display of obscene materials or acts. A person is in violation of this chapter if he knowingly conducts or maintains any premises, place or resort as a place where obscene material, as defined in N.J.S.A. 2C:34-2 and N.J.S.A. 2C:34-3, is sold, photographed, manufactured, exhibited or otherwise prepared or shown in violation of N.J.S.A. 2C:34-2, N.J.S.A. 2C:34-3 and N.J.S.A. 2C:34-4.[2]

[2]

Editor's Note: See also Ch. 220, Obscene Materials.

Enforcement.

(1)

Any person violating any provision of this section, upon conviction, is punishable by a fine not to exceed $1,000 or a term of imprisonment not to exceed 90 days, or both. In no event shall any person violating this section, upon conviction, receive a fine below the amount of $100.

(2)

Each day a sexually oriented business is operating in violation of Subsection C of this section shall constitute a separate offense under this section.

(3)

Each separate film, videocassette or other visual reproduction or each showing of live entertainment which is displayed to another in violation of Subsection D of this section is a separate offense under this section.

§ 203-74 Village Commercial District.

[Added 7-7-1997 by Ord. No. 1261-97]

Purpose. The purpose of this section is to encourage commercial and office uses that are compatible with the historic and residential character of the area generally along Main Street and Mill Street from the eastern end of Gaskill Park to Railroad Avenue by: permitting uses that promote the conversion of existing buildings in a manner that maintains and restores the exterior architectural character of the building and is reflective of the historic character of the district; discourages the development of highway-oriented commercial uses that require numerous curb cuts, large parking fields and generate high traffic volumes; minimizes visual and functional conflicts between residential and nonresidential uses within and adjacent to the district; encourages shared parking and shared driveways and encourages uses that minimize noise and congestion.

[Amended 8-3-2009 by Ord. No. 1655-2009]

Permitted principal, accessory and conditional uses.

[Amended 10-16-2017 by Ord. No. 1858-2017]

(1)

Permitted principal uses for the Village Commercial District shall be as follows:

(a)

Studios for artist, craftsmen, photography, dance or music.

(b)

Personal service establishments.

(c)

Business offices.

(d)

Bicycle and scooter rental establishments

(e)

Professional offices.

(f)

Single-family detached dwellings.

(g)

Bed-and-breakfast establishments (see § 203-196.2).

(h)

Clubs, lodges or fraternal organizations.

(i)

Restaurants and cafes, excluding drive-in or drive-through restaurants.

(j)

Existing places of worship.

(k)

Retail stores and shops.

(l)

Funeral parlors.

(m)

Minor repair operations for electronics, jewelry, watches, shoes and appliances.

(n)

Museums, art galleries and similar uses.

(o)

Theaters.

(p)

Bars, pubs and taverns, including establishments holding a restricted brewery license as defined at N.J.S.A. 33:1-10.

(q)

Health and exercise facilities.

(2)

Accessory uses.

(a)

Private garages and storage sheds.

(b)

Private swimming pools (see § 203-178).

(c)

Off-street parking and loading areas.

(d)

Other accessory buildings or structures supportive of the permitted principal use.

(3)

Conditional uses.

(a)

Residential dwelling uses in a mixed-use building subject to the following conditions:

[1]

Residential dwelling units shall not occupy any part of the first floor of any building.

[2]

Nonresidential uses shall not be permitted on an upper floor where there is a residential unit.

[3]

For developments with five or more residential units, Pinelands development credits shall be acquired and redeemed at a rate of one right for every four non-income-restricted units (25% of all market units).

(b)

Mixed residential/commercial buildings up to three stories in height subject to the following conditions:

[1]

Uses in the building comply with the conditions of Subsection B(3)(a) (above).

[2]

The development provides an amenity that advances an objective of the Mays Landing Neighborhood plan, such as, but not limited to, provides parking to serve the surrounding area, provides a street level open space/plaza area.

[3]

The exterior architecture of the structure shall be in keeping with the existing character of the Mays Landing Historic District.

Area and bulk requirements. Area and bulk requirements for the Village Commercial District shall be as follows:

[Amended 10-16-2017 by Ord. No. 1858-2017]

Maximum building height
Principal	2.5 stories or 35 feet
Accessory building/structure	1.5 stories or 15 feet
Minimum lot area	5,000 square feet
Maximum impermeable coverage	75%
Setback requirements
Front yard	Minimum: 5 feet or the smaller of the adjacent buildings, whichever is less.
	Maximum: 10 feet
Side yard	20 feet aggregate/minimum 8 feet on one side
Rear yard	20 feet
Minimum landscaped area	25%

Parking requirements. Parking requirements for the Village Commercial District shall be as follows:

[Amended 9-6-2011 by Ord. No. 1699-2011; 10-16-2017 by Ord. No. 1858-2017]

(1)

Minimum number of spaces.

(a)

Uses with frontage on Main Street or Mill Street shall not be required to provide additional on-site parking, provided there is no increase in the gross floor area of the building. Lots with frontage on Main Street or Mill Street which have existing parking or loading areas shall not be permitted to reduce the supply of such parking or loading, and the supply may be increased, but there shall be no new direct access drives to the parking or loading areas from Main Street or Mill Street. If a new building is constructed or an existing building expanded along Main Street or Mill Street, on-site parking shall be expanded or off-site parking shall be required to accommodate the added floor area.

(b)

Parking for residential uses shall comply with the requirements of the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.).

(c)

Nonresidential uses in the VC District shall comply with the parking requirements of § 203-60. The required parking shall be either provided on site, in the Township-maintained public parking lot, pursuant to Subsection D(1)(d) (below), or through a common or shared parking arrangement, pursuant to Subsection D(3).

(d)

Use of the public parking lot. If a change of use results in an increased parking requirement, the property owner shall not be required to construct the additional parking on-site, or seek a parking variance, provided that they comply with the following:

[1]

All existing parking spaces on site, if any, are maintained.

[2]

All areas on site that can reasonably be used for parking, pursuant to the setback requirements of Subsection D(2), and the stormwater management standards of this chapter, are developed for parking.

[3]

There is no increase in the area of the building used for nonresidential uses.

[4]

The owner shall install signs on-site, as directed by the Board professional, informing patrons of the availability and location of public parking.

[5]

The owner and tenant shall execute an agreement with the Township requiring the owner, tenant and all employees to park in the nearest public parking lot at all times. Violation of this agreement shall be considered a violation pursuant to § 203-218 and subject to the penalties set forth in that section.

[6]

The owner/tenant shall pay to the Township an annual fee of $100 per space, to be used towards the upkeep and maintenance of the public parking lot.

(e)

Parking design standards.

[1]

Minimum parking setbacks.

Front	The front building setback line or 25 feet, whichever is greater
Side	5 feet
Rear	5 feet
Building	8 feet

[2]

Exceptions to required setbacks. A parking area shared by uses located on two or more adjacent lots may extend to and over the boundary lines of the lots it serves, provided that the outer perimeter of the parking area complies with the setback requirements.

[3]

Common and shared parking areas. Common and shared parking areas and accessways shall be permitted and encouraged subject to the following:

[a]

Parking requirements may be reduced to account for shared parking among uses. The reduced parking must be justified to the Planning Board's Traffic Engineer for recommendation to the Planning Board. In no instance will reduction of over 25% be approved. In addition, the shared parking must be reasonably close to each of the facilities as determined by industry standards, with a maximum walking distance of 300 feet.

[b]

Access agreements and maintenance agreements or other suitable legal mechanisms shall be provided where necessary.

[c]

Liability safeguards for all property owners and lessees served by the common or shared parking areas and/or accessways shall be guaranteed to the satisfaction of the Township Solicitor.

(f)

Bicycle racks. Bicycle racks shall be incorporated in the parking and circulation design of commercial and office uses in the VC District to promote alternate means of access for employees and patrons/clients.

(g)

Loading areas. See § 203-60E.

Standards for buildings and site improvements.

[Amended 10-16-2017 by Ord. No. 1858-2017]

(1)

All commercial uses occupying existing structures in the Village Commercial District shall retain the existing architectural facade characteristics of the building and architecturally relate to the historic characteristics of the surrounding area.

(2)

New commercial structures shall incorporate a pedestrian-friendly design, including, but not limited to, orienting the building towards the street rather than a parking area and providing pedestrian access from street to the building.

(3)

New commercial structures shall be designed to maintain the architectural characteristics of existing structures considered common to this area, particularly those designated as historically significant buildings found in the Village Commercial District. Site improvements, such as, but not limited to, lighting, fences, sidewalks, etc., shall be consistent with the historic characteristics of the surrounding area.

Signs. The sign standards established at § 203-214 for the Historic District shall be applicable to development in the Village Commercial District. Historically significant buildings shall have historic plaques designating the date and historic value of the building. Such plaques shall be consistent with the recommended prototypes shown in Figure 78A-71.1 or as approved by the Historic Preservation Commission.[1]

[1]

Editor's Note: Figure 78A-71.1 is located at the end of this chapter.

Other standards. All nonresidential used in the VC District shall comply with the standards and controls applicable to the GC District found in § 203-62 (Landscaping), 203-60 (Lighting) and 203-64 (Fences), provided that the style and materials installed are consistent with approved Historic District standards.

§ 203-75 Planned recreation and entertainment complexes.

[Added 7-7-1997 by Ord. No. 1261-97]

Purposes. The purpose of this section is to establish standards that encourage the development of comprehensively planned recreation and entertainment facilities in the Recreation Commercial District of the township. This process is intended to achieve a comprehensively planned facility that encompasses a variety of indoor and outdoor activities and uses for all age groups. The intent is to encourage the development of a destination recreation/entertainment facility in Hamilton Township. Such facility shall be designed to minimize adverse impact, such as but not limited to noise, traffic, lighting, etc., upon surrounding residential land uses.

Conditions for planned recreation and entertainment complex. The following are prerequisite conditions that must be met by a planned recreation and entertainment complex.

(1)

Any tract of land to be so developed shall be under one ownership, or, in case of multiple or contiguous ownership of the tract, it shall be developed according to a single plan with common authority and common responsibility.

(2)

The entire tract shall be located in the Recreation Commercial (RC) Zoning District.

(3)

Planned recreation and entertainment complex shall be accompanied by an environmental impact statement.

(4)

Applications for development of a planned recreation and entertainment complex shall be accompanied by a market study detailing the feasibility of the proposal.

Permitted uses. Permitted uses for a planned recreation and entertainment complex shall be as follows:

(1)

Aquatic facilities, indoor and outdoor, such as but not limited to swimming pools and clubs, man-made canoe/kayak chutes, waterslides, wavepools, etc.

(2)

Amusement arcades utilizing advanced virtual reality technology.

(3)

Basketball, racquetball, tennis and/or volleyball courts and other similar sports facilities.

(4)

Baseball and softball facilities, such as but not limited to batting cages, playing fields, stadiums, etc.

(5)

Bicycling facilities, such as but not limited to bikeways, BMX courses, velodromes, etc.

(6)

Bowling alleys.

(7)

Equestrian facilities, such as but not limited to training centers, show areas, commercial stables, etc.

(8)

Golf facilities, such as but not limited to driving ranges, miniature golf, pitch and putt courses, etc.

(9)

Health clubs/spas/exercise facilities.

(10)

Hockey facilities, including but not limited to ice hockey rinks, field hockey and street hockey courts.

(11)

Hotels and motels.

(12)

Jogging/running tracks and courses.

(13)

Mountain climbing and rapelling walls.

(14)

Museums and art galleries.

(15)

Restaurants, snack bars and cafeterias.

(16)

Retail commercial uses accessory to entertainment and recreational facilities (e.g., pro shops).

(17)

Skating facilities, such as ice skating, roller-skating or roller-blading.

(18)

Soccer facilities, indoor and outdoor.

(19)

Sports medicine and physical rehabilitation clinics.

(20)

Virtual reality target ranges for sporting clays, trap and skeet ranges, competitive archery ranges and related uses.

(21)

Tennis centers.

(22)

Theaters, performing arts centers and broadcasting studios.

(23)

Indoor pistol and/or target ranges.

(24)

Other uses determined by the Planning Board to be an entertainment or recreational facility or supportive use to an entertainment or recreational facility consistent with and related to the uses herein listed.

Area and bulk requirements.

(1)

Minimum area for planned recreation entertainment development: 50 acres.

(2)

Minimum lot area for an individual use: two acres.

(3)

Minimum setbacks.

(a)

From the site perimeter:

[1]

Buildings, structures or activity areas: 200 feet.

[2]

Parking lots or circulation aisles: 75 feet.

(b)

Minimum distance between buildings, structures or use areas: 75 feet.

(4)

Maximum height of buildings or structures: 45 feet.

(5)

Maximum impermeable coverage: 50%.

(6)

Minimum landscaped area (excluding stormwater management areas and turfed fields used for active recreation uses).

(a)

Overall landscaped area for the entire planned recreation entertainment development: 30%.

(b)

Individual sites or uses within the planned recreation entertainment development: 20%.

Circulation, parking and loading.

(1)

Each planned recreation entertainment development shall have a consolidated internal circulation system for pedestrians, automobiles, trucks and bicycles to service each building or use area within the development. This circulation system shall serve to organize the flow of internal traffic and to promote its orderly integration into the municipal and regional circulation system. Each planned recreation entertainment development shall have no more than two points of vehicular access to any one highway or street.

(2)

Parking requirements for the uses allowed in a planned recreation entertainment development are included in § 203-60.

(a)

As discussed in Subsection A, planned recreation entertainment developments are intended to be comprehensively planned facilities. Accordingly, developers are encouraged to develop a parking system that maximizes the sharing of parking spaces between uses on site.

(3)

Loading areas.

(a)

See § 203-60E for specific standards for the number and sizes of loading areas required on site.

(b)

All loading areas shall be located so that the access and egress routes do not impair the circulation of passenger vehicles. Loading areas shall be completely screened from view utilizing a combination of fencing, berms and landscaping.

Other regulations. All other regulations set forth in this Article IX (203-57 through 203-65), Commercial Districts, except as noted in this section, shall apply to planned recreation entertainment developments.[1]

[1]

Editor’s Note: Former § 203:75.1, Planned recreation and entertainment complexes in the Industrial Business Park Zoning District and/or the A-Industrial Business Park Zoning District, added 2-5-2007 by Ord. No. 1584-2007, was repealed 9-7-2010 by Ord. No. 1674-2010.