A.
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.
B.
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]
C.
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)
|
Buildings and land in the commercial zoning
districts shall be used only for the following purposes:
A.
Permitted uses shall be as follows:
Districts
| |||||||
---|---|---|---|---|---|---|---|
Use
|
GC
|
DC
|
HC
|
NC
|
RC
|
ECa
| |
Game arcades (See § 203-66.)
[Amended 7-7-1997 by Ord. No. 1261-97] |
X
|
Xb
| |||||
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.)
|
Xb
|
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
|
B.
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.
C.
Conditional uses shall be as follows:
Districts
| |||||||
---|---|---|---|---|---|---|---|
Use
|
GC
|
DC
|
HC
|
NC
|
RC
|
ECa
| |
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.)
|
Xc
|
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.
|
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.
[Amended 7-7-1997 by Ord. No. 1261-97]
A.
All off-street parking shall conform to the requirements
of this section as well as other applicable ordinances of the township.
B.
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.
|
C.
Minimum dimensions, etc. See Art. XII, Subdivision, Site Plan and Conditional Use Approval, for parking lot design standards.
D.
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]
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
[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.
A.
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.
B.
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 balla are indicated as follows by
district:
Districts
| ||||||||
---|---|---|---|---|---|---|---|---|
Requirementa
|
GC
|
DC
|
HC
|
NC
|
RC
|
EC
|
PCD
| |
One tree per 35 feet of perimeter property lineb
|
X
|
X
|
X
|
Xd
|
X
| |||
One tree per 50 feet of perimeter property lineb
|
X
|
X
| ||||||
One tree per retail storec
|
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]
C.
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.
(b)
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.
D.
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.
E.
Maintenance schedules.
F.
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.
G.
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.
H.
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.
I.
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]
Lighting standards within a planned commercial
development shall be as follows:
A.
All lighting shall be designed, oriented and selected
to prevent glare upon surrounding properties or roadways.
B.
The maximum height for any light standard shall not
exceed 25 feet or as otherwise designated.
C.
Pedestrian-oriented lighting shall be low or mushroom-type
standards located along pedestrian routes, bike paths, recreation
areas, etc.
D.
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.
E.
Adequate night lighting or parking, loading and pedestrian
circulation areas shall be maintained.
A.
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.
B.
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.
C.
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.).
D.
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.
E.
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.
F.
Fire zones. All commercial facilities shall have the
required fire zones as stipulated by the Hamilton Township Fire Department.
G.
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.
[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:
A.
In each arcade establishment there shall be present
full-time adult supervisory personnel on the premises.
B.
Hours of operation must be posted in clear view, along
with the name of responsible supervisory personnel.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
(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.
(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.
[Anended 7-7-1997 by Ord. No. 1261-97; 8-3-2009 by Ord. No.
1655-2009]
A.
Purpose. Automotive services shall be permitted, provided
that the minimum requirements are met.
B.
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.
(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)
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.
[Amended 7-7-1997 by Ord. No. 1261-97]
(12)
All other applicable regulations set forth in
the commercial districts.
[Amended 7-7-1997 by Ord. No. 1261-97]
A.
Purpose. The purpose of this section is to establish
performance standards for fast-food convenience stores and fast-food
restaurants and similar establishments.
B.
Minimum requirements shall be as follows:
(1)
(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.
C.
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.
[Amended 7-7-1997 by Ord. No. 1261-97; 2-22-2000 by Ord. No. 1357-2000]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Sewer availability. Planned commercial developments
are subject to sewer availability as defined in this chapter.
G.
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.
H.
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.
I.
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).
A.
Purpose. The purpose of these controls is to set forth
standards to guide development of shopping centers in Hamilton Township.
B.
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.
|
C.
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.
(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.
F.
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.
G.
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]
I.
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.
J.
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.
A.
Purpose. The purpose of this section is to establish
performance standards for drive-in bank facilities as adjuncts to
branch bank buildings.
A.
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.
B.
ADULT ARCADE
ADULT BOOKSTORE or ADULT VIDEO STORE
(1)
(2)
ADULT CABARET
ADULT MOTEL
(1)
(2)
(3)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
COMMERCIAL DISPLAY
NUDITY or A STATE OF NUDITY
OBSCENE MATERIALS
PERSON
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
(1)
(2)
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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:
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
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration
and which:
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;
Offers a sleeping room for rent for a period
of time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
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.
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.
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.
The appearance of a human bare buttocks, anus, male genitals,
female genitals or female breasts.
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.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater or adult theater.
[Amended 10-21-1996 by Ord. No. 1252-96]
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
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
Includes any of the following:
[1]
Editor's Note: Exhibit "A" is located at the
end of this chapter.
C.
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.
D.
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]
E.
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.
[Added 7-7-1997 by Ord. No. 1261-97]
A.
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]
B.
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.
(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.
(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:
[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.
C.
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%
|
D.
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.
E.
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.
F.
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.
G.
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.
[Added 7-7-1997 by Ord. No. 1261-97]
A.
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.
B.
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.
C.
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.
D.
E.
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.
(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.
F.
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.