Township of Knowlton, NJ Commercial Zone (C-2) Regulations

Editor's Note: Former Subsection D, pertaining to pilot plants and research facilities, was repealed 9-8-1997 by Ord. No. 97-11.

Retail sales and services.

Hotels, motels, each with a minimum of 100 rental rooms, and conference centers.

[Amended 6-12-2000 by Ord. No. 00-10]

Business and professional offices.

Shopping center.

Child-care centers.

[Added 4-27-1995 by Ord. No. 95-5]

§ 11-317 Permitted accessory uses.

Permitted accessory uses in the C-2 Zone shall be as follows:

Off-street parking and loading facilities.

Signs.

Accessory structures.

§ 11-318 Conditional uses.

Conditional uses in the C-2 Zone shall be as follows:

Adult entertainment.

Truck stops.

Essential services.

Cellular antennas and cellular towers (see Article 41.1).

[Added 9-11-2000 by Ord. No. 00-12]

Planned development retail campus.

[Added 6-14-2004 by Ord. No. 04-6]

Planned development business park.

[Added 6-14-2004 by Ord. No. 04-6]

Major solar or photovoltaic energy facility or structure. [See Article 35.2, § 11-283.2B(2).]

[Added 6-11-2012 by Ord. No. 12-04]

Medical cannabis facilities. Unless specified herein, all terms used herein shall have the same meanings as those used in the New Jersey Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (approved January 18, 2010), amended by P.L. 2019, c. 153 (approved July 2, 2019), codified at N.J.S.A. 24:6I-1 et seq. (CUMA).The operation of medical cannabis facilities, which include alternative treatment centers, medical cannabis dispensaries , medical cannabis cultivation facilities, medical cannabis products manufacturing facilities, and medical cannabis testing facilities, is permitted within the C-2 Zone of the Township of Knowlton, subject to the following conditions. The operation of medical cannabis facilities shall be prohibited in all other zones of the Township of Knowlton.

[Added 8-11-2021 by Ord. No. 21-11]

Compliance with all applicable land use regulations set forth in Chapter 11 of the Code of the Township of Knowlton and all restrictions set forth in CUMMA or other applicable state legislation affecting the operation of medical marijuana facilities.

Security. All medical cannabis facilities shall comply with the security requirements set forth in N.J.A.C. 8:64-9.7 et seq. and any amendments thereto. At a minimum, each medical marijuana facility shall:

Install, maintain in good working order and operate a safety and security alarm system that will provide suitable protection 24 hours a day, seven days a week, against theft and diversion and that provides, at a minimum, immediate automatic or electronic notification to alert state or local police agencies to an unauthorized breach of security at the alternative treatment center; and a backup system that activates immediately and automatically upon a loss of electrical support and that immediately issues either automatically or electronic notification to state or local police agencies of the loss of electrical support;

Implement appropriate security and safety measures to deter and prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and marijuana products;

Implement security measures that protect the premises, registered qualifying patients, registered primary caregivers and principal officers, directors, board members and employees of the medical marijuana facility;

Establish a protocol for testing and maintenance of the security alarm system;

Conduct maintenance inspections and tests of the security alarm system at the medical marijuana facility at intervals not to exceed 30 days from the previous inspection and test and promptly implement all necessary repairs to ensure the proper operation of the alarm system;

In the event of a failure of the security alarm system due to a loss of electrical support or mechanical malfunction that is expected to last longer than eight hours, notify the New Jersey Department of Health pursuant to N.J.A.C. 8:64-9.8, and provide alternative security measures approved by the New Jersey Department of Health or close the medical marijuana facility impacted by the failure or malfunction until the security alarm system is restored to full operation;

Keep access from outside the premises to a minimum and ensure that access is well controlled;

Keep the outside areas of the premises and its perimeter well lighted. Exterior lighting must be sufficient to deter nuisance and criminal activity and facilitate surveillance, but must not disturb surrounding businesses or neighbors;

(i)

Provide law enforcement and neighbors within 100 feet of the medical marijuana facility with the name and phone number of a staff person to notify during and after operating hours to whom they can report problems with the establishment;

(j)

Equip interior and exterior premises with electronic monitoring, video cameras and panic buttons. A video surveillance system shall be installed and operated to clearly monitor all critical control activities of the medical marijuana facility and shall be in working order and operating at all times. The medical marijuana facility shall provide two monitors for remote viewing via telephone lines in state offices. This system shall be approved by the New Jersey Medical Marijuana Program prior to permit issuance. The original tapes or digital pictures produced by this system shall be stored in a safe place with a thirty-day archive;

(k)

Limit entry into areas where marijuana and marijuana products are held to authorized personnel;

(l)

Consistently and systematically prevent loitering, that is, the presence of persons who are not on-duty personnel of the medical marijuana facility and who are not medical marijuana facility registrants engaging in authorized dispensary activity.

Parking. Provide on-site parking consistent with § 11-241. Parking for medical dispensaries and alternative treatment centers shall be provided consistent with retail uses. Parking for all other classifications of medical marijuana facilities shall be provided consistent with industrial uses.

Transportation. All transportation of cannabis and cannabis products shall be done securely and in compliance with N.J.A.C. 8:64-10.11 and shall comply with the following conditions:

Done only in accordance with a delivery plan submitted to and approved by the New Jersey Department of Health.

Each transport vehicle shall be staffed with a delivery team consisting of at least two registered employees. At least one delivery team member shall remain with the vehicle at all times that the vehicle contains medicinal cannabis or medical cannabis products. Each delivery team member shall have access to a secure form of communication with the medical cannabis facility, such as a cellular telephone, at all times that the vehicle contains medicinal cannabis and/or medical cannabis products. Each delivery team member shall possess his or her employee identification card at all times and shall produce it to Department of Health staff or law enforcement officials upon demand.

Each transport vehicle shall be equipped with a secure lockbox or locking cargo area, which shall be used for the sanitary and secure transport of medicinal cannabis and medical cannabis products.

Maintain current commercial automobile liability insurance on each vehicle used for transport of medicinal marijuana in the amount of $1,000,000 per incident.

Vehicles used to transport medicinal cannabis and/or medical cannabis products shall not bear markings that would either identify or indicate that the vehicle is used to transport medicinal cannabis.

Transports shall be completed in a timely and efficient manner. A transport vehicle shall proceed from the departure point where the medicinal marijuana is loaded directly to the destination point where the medicinal marijuana is unloaded without intervening stops or delays.

Maintain a record of each transport of medicinal cannabis in a transport logbook. For each transport, the logbook shall record the date and time that the transport began and ended; the names of the employees comprising the delivery team; the weight of the medicinal cannabis transported; the lot number of the medicinal marijuana, the name of the strain and whether it is high, medium or low potency; and the signatures of the employees comprising the delivery team.

Signage and exterior displays. Signage and exterior displays on a medical cannabis facility shall comply with all regulations and restrictions set forth in Chapter 11 of the Code of the Township of Knowlton (as applicable to the C-2 Zone) and N.J.A.C. 8:64-12.1 et seq. Specifically:

Exterior signage shall be restricted to black text on white.

Exterior signage shall not be illuminated at any time.

Medical cannabis facilities shall not display on the exterior of the facility advertisements for medicinal marijuana or a brand name except for purposes of identifying the building by the permitted name.

Cannabis and paraphernalia shall not be displayed or clearly visible to a person from the exterior of a medical marijuana facility.

§ 11-319 Bulk requirements.

[Amended 9-8-1997 by Ord. No. 97-11; 6-12-2000 by Ord. No. 00-10; 6-14-2004 by Ord. No. 04-6]

Bulk requirements for this zone shall be as follows:

Table VI-8
Bulk Requirements in C-2 Zone
Regulation	All Other Permitted Uses	Hotels, Motels, Conference Centers
Minimum lot area (acres)	2.0	10
Minimum lot width (feet)	200	400
Minimum lot width on cul-de-sac (feet)	150	135
Minimum front yard (feet)	75	100
Minimum rear yard (feet)	50	100
Minimum side yards (feet)	50	100
Maximum impervious coverage (percent)	60	50
Maximum floor area ratio	0.20	0.15
Accessory structure setback from any rear or side lot line (feet)	15	100
Maximum height (feet)	45	45
Maximum stories	3	4

§ 11-320 Supplemental regulations governing principal permitted uses.

[Amended 4-23-1998 by Ord. No. 98-3]

Agricultural uses. Agricultural uses, as defined in this chapter, including customary farm occupations or lands which qualify as farmland, as defined herein, shall be permitted in this zone subject to the following conditions:

Buildings may be utilized for horticulture, nurseries, greenhouses, dairy farms and for growing, raising, harvesting and sale of agricultural crops.

The display for sale of products grown or raised by the owner, tenant or lessee shall only be permitted where:

The products sold are in their natural state.

The sale of such products is within the confines of the property upon which they have been grown or raised.

The place of sale or storage of any such products, whether of a permanent or temporary nature, shall not be closer than 100 feet to any side or rear lot line. One farm stand not to exceed 150 square feet shall be permitted on the property.

The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard or other factors as specified herein.

The sale of any such products shall also require that a suitable amount of off-street parking and loading space be required as provided herein.

Restrictions on residential lots for nonhousehold animals. The following restrictions shall be met where nonhousehold animals are kept on residential lots:

[Amended 2-7-2011 by Ord. No. 11-05]

A minimum lot area of 1/2 acre shall be required for the keeping of six fowl and/or rabbits, total and may be increased at the rate of three fowl and/or rabbits for each additional 1/2 acre of land. The keeping of roosters shall be prohibited on lots less than two acres.

A minimum lot area of two acres shall be required for the keeping of one pastoral animal and may be increased at the rate of one pastoral animal for each additional 1/2 acre of land.

No owner of any nonhousehold animal shall suffer or permit such animal to be upon any private property, other than the premises of the owner, without the consent of the owner or tenant of said private property.

All nonhousehold animals shall be kept in the rear yard only and may be contained in a fenced area, in which case, the fence shall be kept four feet from the property line.

Further provided that any such animal must be provided with a stable or coop and further provided that said stable or coop shall conform to the setback requirements for the zone wherein it is located.

In addition to the requirements hereinabove for all nonhousehold animals, the stable or coop required to be constructed hereinabove must be built and maintained so as not to create offensive odors, fly breeding, attraction of vermin or other nuisances; and manure must be collected and maintained in a sanitary manner so as to prevent offensive odors, fly breeding or other nuisances.

Motels and hotels. In addition to meeting the minimum requirements of the zone, the following additional standards shall apply:

Minimum habitable room area. Such uses shall have a minimum area for each unit of occupancy of 200 square feet and shall include a minimum of one bedroom with a shower or bath, a sink and a toilet.

Shops and services. Shops and services accessory to motel, hotel or motor hotel operations shall be permitted on the ground level floor; provided, however, that access to such shops and services shall be only from the interior of the motel, hotel or motor hotel.

Buffer requirements.

When required.

All uses, other than single-family detached dwelling when used exclusively for residential purposes, which abut a single-family residential zone shall be required to install, plant and maintain a buffer zone in accordance with the provisions of this section.

All developments abutting active agricultural uses shall provide buffering or increased lot depths to reduce the impact of agricultural nuisance factors and to reduce the impact of the development on the agricultural use.

Restrictions on buffer zone.

No principal or accessory structure, other than as may be provided herein, nor any off-street parking or loading areas or other use shall be permitted within the buffer zone.

No access or driveways, other than as may be permitted by the Approving Board, shall be permitted within the buffer zone.

Buffer zones shall be maintained in their natural state when wooded, and when natural vegetation is sparse, plant material or fencing may be required, as determined by the Approving Board.

Underground utility easements shall be permitted, when deemed necessary or desirable by the Approving Board.

Unless otherwise specified in this chapter, all buffer zones shall be a minimum of 10% of the minimum lot width or lot depth in the zone in which they are located; provided, however, that no buffer zone need be greater than 100 feet.

The area encompassed in the buffer zone may be utilized for the purpose of computing lot coverage and yard setbacks.

§ 11-321 Supplementary regulations governing accessory uses and structures.

For off-street parking: see Article 31.

For off-street loading: see Article 31.

For joint facilities for off-street parking and loading areas: see Article 31.

Maintenance of off-street parking and loading areas: see Article 31.

General regulations applying to signs. The following regulations shall apply to all permitted and preexisting nonconforming signs:

Whenever the Construction Official shall determine that a sign has become structurally unsafe or endangers the safety of the building or the public, the Construction Official shall order that such sign be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the person owning or using the sign or the owner of the building or premises on which such unsafe sign is affixed or erected.

Location.

Unless otherwise provided in this chapter, signs shall not be located closer than the following distances to street rights-of-way:

Area of Sign (square feet)	Minimum Distance (feet)
Less than 25	20
26 to 75	25
76 or more	30

The Approving Board shall be authorized to waive the strict application of this section if, because of local site conditions, strict adherence would cause inconvenience to the public or constitute a hazard. Unless otherwise specified in this chapter or indicated on an approved site plan, the Construction Official shall approve the location of all signs.

The area surrounding ground signs shall be kept neat, clean and landscaped. The tenant, owner or occupant to which the sign applies shall be responsible for maintaining the condition of the area.

Directional signs having areas of less than three square feet are exempt from area and location regulations but shall be shown on an approved site plan and shall not constitute a hazard to the traveling public.

No sign shall be permitted which is not accessory to the business conducted on the property. Such signs may be erected on an exterior wall in accordance with the following requirements:

Number and size of signs. No business establishment shall be permitted a total of more than two signs; provided, however, that no single exterior wall of any one establishment shall contain more than one of the two permitted signs. The total sign area for the sign permitted on the face of any wall shall not exceed 5% of the face of the wall area or 24 square feet, whichever is less.

Rear wall and side yard signs. No signs will be permitted on rear walls or side walls when said wall abuts a residential use or zone or any public or institutional use.

Freestanding signs. There shall be permitted a maximum of one freestanding sign advertising the business establishments and or services located on the lot therein, provided that:

The maximum height of the freestanding sign shall not exceed 15 feet.

The area of said sign shall not exceed 24 square feet on each side or surface.

The location of said sign shall not be nearer than 1/2 the setback from any abutting road right-of-way line or property line.

The base of said sign shall be an improved area in harmony with the overall internal road system and off-street parking layout and shall be appropriately landscaped.

Luminous background for all signs shall not exceed 50 footlamberts.

[Amended 5-8-2000 by Ord. No. 00-4; 9-11-2000 by Ord. No. 00-12]

Nameplate and identification signs for single-family dwellings. A sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than one square foot with a maximum height of six feet. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.

Sales or rental signs for existing residential dwellings. A sign advertising the sale or rental of a dwelling or lot shall be permitted, provided that:

The size of any curb sale or rental sign shall not exceed six square feet for an existing residential dwelling or 20 square feet for any commercial property or dwelling.

Not more than one sign is placed upon any property.

Such signs shall be removed within five days after execution of contract for sale or lease.

For sale or lease signs up to 24 square feet for land with five acres or more and 500 feet of frontage shall be permitted.

Institutional signs. Signs of schools, colleges, churches and other institutions of a similar public or semipublic nature may be erected and maintained, provided that:

The size of any freestanding sign shall not exceed 24 square feet and not more than one such sign is placed on a property.

Signs may be affixed to a maximum of one wall of a structure and the total sign area on the wall shall not exceed 24 square feet.

(10)

Signs accessory to parking areas.

Signs designating entrances or exits to or from a parking area shall be limited to one sign for each such exit or entrance, with a maximum size of four square feet for each sign.

One sign per parking area designating the conditions of use or identity of such parking area and limited to a maximum size of six square feet shall be permitted.

Private driveway signs indicating the private nature of a driveway shall be permitted, provided that the size of any such sign shall not exceed two square feet.

(11)

All signs shall be kept in good repair, which shall include replacement or repair of broken structural elements, casings or faces, maintenance of legibility and all lighting elements working.

(12)

Any location where business goods are no longer sold or produced or where services are no longer provided shall have 60 days to remove any remaining or derelict on-premises signs following notification by the township and at the expense of the owner of said property. When the written notification has been given by the township and compliance has not been made within the required sixty-day period, the township may cause removal of such sign with the cost for such removal to be attached to the property.

(13)

The applicant shall also comply with all applicable county, state and federal sign regulations.

(14)

Should a nonconforming sign be destroyed, it cannot be replaced except in a conforming manner.

(15)

Where a sign for a nonresidential use is directly adjacent to or across from a residential zone, the Approving Board may, in its discretion, reduce the area of the sign by not more than 10%, and the Approving Board may further require additional screening, light control and buffering so as to minimize any adverse impacts such sign will have on the adjacent or abutting residential zone.

(16)

No signs which have moving parts or which provide the illusion of movement shall be permitted. No variation in luminous intensity shall be permitted.

(17)

Temporary portable signs are prohibited.

(18)

When more than one sign is proposed on a property, a coordinated theme for all signs is required.

[Added 6-12-2000 by Ord. No. 00-10]

Signs for multi-use developments, as defined in § 11-3, Definitions, shall be governed by the following regulations:

[Amended 6-12-2000 by Ord. No. 00-10]

Each such development shall submit a signing plan to the Approving Board for approval. Such signing plan shall include details on:

Letter style and height.

Lighting.

Color.

Construction and materials.

Height of sign.

Height above grade or below roofline.

Locations.

Standards.

Dimensions.

The signing plan shall be based on an integrated design theme to include all of the elements in Subsection F(1)(a) through (i) above. All of the above elements shall be designed to be in harmony and consistent with each other, the architecture and materials of principal structure and the landscaping plan. The Approving Board, in its sole discretion, shall determine if a proposed signing plan meets the goals and objectives of this section.

The total area of all signs affixed to a structure shall not exceed 3% of the building facade of the structure. The Approving Board may permit in total sign area up to 5% of the building facade if, in the Approving Board's judgment, such additional area shall assist in developing a harmonious and integrated sign plan in accordance with the goals and objectives of this subsection.

Freestanding signs.

Freestanding signs to be located on poles, kiosks, stanchions or similar supports shall not project more than six feet above the support. Such signs shall have an area not in excess of 5% of the building face fronting on the street, but in no event greater than 80 square feet.

Only one such freestanding sign shall be permitted on any single property regardless of the number of establishments on the property, except that the Approving Board may authorize an additional freestanding sign if the property has access from more than one public street and does not abut a residential use or zone. The freestanding sign shall be located a minimum of 40 feet from the right-of-way line or 1/2 the required minimum front or rear yard setbacks and comply with the side yard requirements of the zone.

Outdoor storage areas.

Outdoor storage is prohibited on all residential lots other than that storage customarily placed in courtyards and yards, which are incidental to authorized residential use and occupancy.

On residential lots, boats not exceeding 25 feet in length and recreational vehicles shall be permitted in side or rear yards only and shall conform to accessory structure setbacks.

On all nonresidential lots, outdoor storage shall be permitted in rear yards only. Not more than 50% of the rear yard shall be devoted to outdoor storage or display, with the exception of outdoor storage of live plants.

No flammable or explosive liquids, solids or gases shall be stored aboveground, except for the following conditions:

Tanks or drums of petroleum or petroleum products directly connected with heating devices or appliances located on the same premises as the tanks or drums.

Tanks of liquid petroleum or liquid petroleum products totaling no more than 6,000 gallons on the lot and not connected directly to a heating device or appliance. Such tanks must be protected with a secondary impervious containment dike with a capacity of 100% of all tanks within the dike, plus six inches of rainfall, and have adequate fire protection.

The height of material stored shall not exceed six feet except for individual articles which have a height of more than six feet. No article or material shall be stored in any required parking area or be so located as to interfere with vehicular or pedestrian traffic movement or safety. In addition, no article or material shall be stored or displayed on a sidewalk or parking lot aisle.

Fencing and setbacks. When so permitted, all outdoor storage facilities shall be enclosed by a fence or wall or appropriate screening as determined by the Approving Board adequate to conceal such facilities and the contents thereof from adjacent properties and shall meet all required setbacks for accessory buildings for the zone in which located.

Outdoor storage of any kind is prohibited in the front yard. This provision shall not apply to outdoor storage of new or used cars, trailers, boats or recreation vehicles on the premises of a dealer, licensed by the Division of Motor Vehicles or an authorized boat dealer.

Disabled and/or nonregistered vehicles may not be stored in any zone except in an enclosed garage unless the same are awaiting repair at a licensed public garage or unless the same are new vehicles being stored or displayed at a licensed motor vehicle dealership. For the purposes of this chapter, the term "disabled" shall refer to a motor vehicle which is in such a state of disrepair that it cannot readily be made operable and which does not conform to all requirements of the New Jersey Division of Motor Vehicles.

The outdoor storage of live plants being displayed for sale on the premises may be located within 10 feet of a street right-of-way line and up to a property line, provided that the height of such material does not exceed 2.5 feet within 25 feet of the curbline or within 10 feet of a property line.

§ 11-322 Regulations governing conditional uses.

General.

The Approving Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties and does not substantially impair the character of the surrounding area.

In addition to meeting the minimum requirements of the zone in which it is located, the Planning Board may authorize conditional uses only after determining that the proposed use meets the specifications and standards set forth in this chapter for the use and that it will comply, now and in the future, with the conditions and standards both as to location and operation for said use.

Adult entertainment.

The devotion of lands and buildings to certain defined and regulated adult entertainment activities and facilities, and limited to the following, shall be permitted: adult bookstores, adult motion-picture theaters, massage parlors, tattoo parlors, head shops and cabarets, but only if found appropriate, as a conditional use, by the Approving Board when acting upon the standards and conditions set forth for such use.

Adult entertainment conditions:

Minimum lot size shall be two acres.

No adult entertainment shall occupy a site occupied by other uses.

A minimum distance from churches, schools and day-care facilities shall be 1,000 feet.

Total sign area shall be limited to six square feet.

Parking shall be provided at six spaces per 1,000 square feet of floor area.

Adult entertainment uses shall be conditionally permitted in the C-2 Zone only.

No merchandise shall be visible from the outside of the structure.

Truckstops. In addition to meeting the other requirements in the zone, the following additional conditions apply:

Minimum tract size: 15 acres.

Maximum coverage: 70%.

Maximum number of semitrailer stalls: 225.

Requires central wastewater facility.

No major vehicle repairs, such as engine, transmission and drive train rebuilding and replacement, body work and painting.

(Reserved)[1]

Editor's Note: Former Subsection C(6), requiring frontage on a marginal road adjacent to an interstate highway, was repealed 12-22-2005 by Ord. No. 05-22.

No outside storage of detached trailers.

Minimum building coverage: 3.0%.

Minimum restaurant size: 150 seats.

[Amended 6-12-2000 by Ord. No. 00-10]

(10)

Separation of truck and passenger vehicle building operations.

(11)

All permissible repairs in an enclosed building.

[Amended 12-22-2005 by Ord. No. 05-22]

Essential services.

In addition to meeting the minimum requirement of the zone where located, essential services, as defined in this chapter, shall be subject to the following regulations:

Such facility shall not be located on a residential street unless no other site is available and shall be so located as to draw the minimum of vehicular traffic to and through such streets.

The location, design and operation of such facilities may not, to the extent possible, adversely affect the character of the surrounding area.

Adequate fences, barriers and other safety devices shall be provided.

Buffers, landscaping, berms and similar measures shall be required by the Approving Board as part of site plan review.

Such facilities shall be reasonably necessary for the furnishing of adequate service by such public utilities, the township, other governmental agencies or private or semiprivate entities if approved by a municipal agency in furtherance of the public health, safety and general welfare.

Planned development retail campus.

[Added 6-14-2004 by Ord. No. 04-6]

A planned development retail campus shall be a permitted conditional use in the C-2 Zone under the following conditions:

A minimum tract area of 10 acres.

A development plan providing for a tract area and individual lots, unified access and internal drives, shared parking, pedestrian and vehicular access between uses secured by cross-access easements, common stormwater management, common landscaping design and an organization acceptable to the Planning Board that is capable of maintaining common facilities.

Public sewer service.

Permitted principal uses:

All principal permitted C-2 Zone uses in § 11-316.

Minimum lot area and bulk requirements for a planned development retail campus:

Minimum lot area: 1.25 acres.

Maximum impervious coverage: 60%.

Maximum floor area ratio: 20%.

Variations in maximum impervious coverage and floor area ratio are permitted on an individual lot in a planned development retail campus. The maximum impervious coverage can be increased to 80% provided the overall impervious coverage in the entire planned development retail campus is maintained at 60%. The floor area ratio on an individual lot can be increased to 30%, provided the overall floor area ratio in the planned development retail campus is maintained at 20%.

Minimum yard setback for buildings and parking areas:

Front yard setback: 50 feet from the street right-of-way.

Side yard setback: 25 feet from the street right-of-way.

Rear yard setback: 25 feet from the street right-of-way.

Minimum lot width: 150 feet.

Maximum height: 45 feet.

Multiple uses and buildings are permitted on one unsubdivided property as long as the overall required coverage, floor area ratio design requirements, and building and parking setbacks to property boundaries are satisfied.

Landscaping requirements as per § 11-322F(7).

Lighting as per § 11-252.

Affordable housing requirements as per § 11-318E(15).

Planned development business park.

[Added 6-14-2004 by Ord. No. 04-6]

A planned development business park shall be a permitted conditional use in the C-2 Zone under the following conditions:

A minimum tract area of 20 acres.

A development plan providing for common vehicular and pedestrian access, stormwater and soil erosion management, open space and trail preservation, landscaping and buffers, utilities, solid waste collection, general signage guidelines, and an organization acceptable to the Planning Board for maintaining common facilities in a planned development business park. The development plan shall also provide for the conceptual layout of individual lots and common facilities with the understanding that as business park tenants and their specific needs become known the business park plan can change as permitted by this subsection of the Code.

Public sewer service, which the applicant must demonstrate is available for the property in question.

Permitted principal uses. Uses permitted in a planned development business park may include the following:

Offices for professional and business uses, including, but not limited to, professional (including legal, engineering and medical offices), scientific, administrative and executive uses.

Light manufacturing and assembly uses, including but not limited to telecommunications, telephone, television, computer hardware and software components, parts and equipment, pharmaceutical, medical, scientific and optical instruments, equipment and products; measuring controlling and testing equipment and radiographic, and/or electronic apparatus and equipment; filing and labeling fabricated machinery; metal products; food products; lumber and wood products; plastic, rubber, stone, clay and glass products.

Uses engaged in service industries such as the repair and maintenance of appliances or component parts, tooling, printers, small machine shops, and shops engaged in repair, maintenance and servicing, but excluding automobile and truck repair.

Laboratories and research facilities.

Uses involving construction industry business such as general contractors, electrical contractors, plumbing contractors, landscape contractors and their accessory and incidental offices.

Hotel and conference centers.

Restaurants.

Indoor commercial recreational facilities, including, but not limited to, tennis centers, sports training facilities, ice skating rinks, skateboard facilities and similar game and party facilities.

(i)

Equipment and party rental centers.

(j)

Fitness and gym facilities.

(k)

Accessory uses and structures customarily and incidentally related to a permitted use. Warehouse uses shall be permitted only in association with the C-2 Zone planned development business park permitted uses.

Minimum lot area and bulk requirements for a planned development business park.

Minimum lot area: two acres.

Maximum impervious coverage: 50%.

Maximum floor area ratio: 20%.

Variations in maximum impervious coverage and floor area ratio are permitted on an individual lot in a planned development business park (PDBP). The maximum impervious coverage can be increased to 80% provided the overall impervious coverage in the PDBP calculated within common open areas and individual lots equals 50% or less. The floor area ratio on an individual lot can be increased to 50% provided the overall total floor area ratio in the PDBP equals 20% or less.

Maximum building area under one roof: 100,000 square feet.

Minimum tract buffer setback: 50 feet from residential zone boundaries.

Minimum yard setbacks for buildings and parking areas:

Front yard setback: 25 feet from the street right-of-way.

Side yard setbacks: 25 feet from the street right-of-way.

Rear yard setbacks: 25 feet from the street right-of-way.

Multiple uses and buildings are permitted on one unsubdivided lot in a planned development business park as long as the overall impervious coverage is met as provided for in this section and the building setbacks to lot boundaries are satisfied. No individual lot needs to front on a public street, and the use of private streets shall be permitted. The minimum distance between individual buildings on a lot within the planned development business park shall be 10 feet.

(i)

Minimum lot width: 200 feet.

Parking in the front shall be discouraged. Any parking located in the front yard shall be screened from any public right-of-way or private road as per Subsection F(7).

Maximum building height: three stories or 45 feet; hotel: with the utilization of a peaked roof, building height may be increased to four stories or 60 feet.

Hillcrest view restriction. Up to 50% of the hillcrest area identified for protection can be disturbed in a planned development business park if an applicant can demonstrate there is no other alternative design arrangement that can be used to preserve the hillcrest view area, that specimen and landmark trees are protected and that supplemental trees can be planted in the planned development business park to soften the view of a disturbed hillcrest view.

Landscaping requirements.

Streetscape: street trees 2 1/2 inches caliper planted every 40 feet.

Parking areas in the front yard shall be screened using evergreen, deciduous and flowering trees and shrubs to create a continuous landscape strip of a ten-foot minimum width.

Buffers to residential zone districts:

The area encompassed in the buffer zone may be utilized for the purpose of computing lot coverage and yard setbacks.

Existing trees in the landscape buffer shall be preserved to the extent practicable. All specimen and landmark trees shall be preserved. If existing vegetation is insufficient, the landscape buffer shall be supplemented with new understory plantings of shade-tolerant coniferous and ornamental trees in naturalistic groupings in order to provide a complete visual screen.

Areas void of existing vegetation shall receive landscape treatment, including berming and planting consisting of groupings of predominantly evergreen trees, with deciduous and ornamental trees and shrubs for visual interest and variety.

Vertically and horizontally meandering berms shall be incorporated to achieve a natural rolling park-like landscape. Berms shall be two feet to eight feet in height, averaging five feet. The width should vary with side slopes of 1 to 5 and 1 to 3, without adversely affecting natural drainage.

Berms shall be overlapping where drainage swales are required to pass through them. The final design must be reflected upon the drainage plan.

Berming shall be two feet to eight feet in height and meander in a naturalistic manner without adversely affecting natural drainage.

Planting shall consist of evergreen trees of minimum height six feet to eight feet planted 10 feet on center, shade trees 2 1/2 inches to three inches caliper, flowering trees four feet to five feet height and shrubs two feet height, planted in naturalistic groupings of mixed plant varieties and sizes.

Lighting: as per § 11-252.

Signage requirements.

Signs shall either conform to § 11-321 of the Land Development Ordinance or a comprehensive signage manual for the entire business park shall be provided to the Planning Board for its review and approval. A comprehensive sign manual shall include, but not be limited to, standards for ground, wall-mounted, directional and information signs as to their location, design, area, material, texture, colors, height, illumination and typography.

Signs proposed, either as part of compliance with § 11-321 or as part of a comprehensive signage manual, shall comply with the following requirements:

Signage shall not be permitted above the first floor.

Pylon signs shall not be permitted.

(10)

Refuse collection areas.

All outdoor refuse containers shall be visually screened within a durable six-foot or higher noncombustible enclosure, so as not to be visible from adjacent lots or sites, neighboring properties or streets. No refuse collection areas shall be permitted between a street and the front of a building.

Refuse collection areas should be effectively designed to contain all refuse generated on site and deposited between collections. Deposited refuse should not be visible from outside the refuse enclosures.

Refuse collection enclosures should be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme.

Refuse collection areas should be so located upon the lot as to provide clear and convenient access to refuse collection vehicles and thereby minimize wear and tear on on-site and off-site developments.

Refuse collection areas should be designed and located upon the lot so as to be convenient for the deposition of refuse generated on site.

(11)

Screening of exterior mechanical equipment.

Exterior components of plumbing, processing, heating, cooling, and ventilating systems (including but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating equipment fans, blowers, ductwork, vents, louvers, meters, compressors, motors, incinerators, ovens, etc.) shall not be directly visible from a height of five feet above any ground or ground-floor elevations at a distance closer than 500 feet to the closest building on any lot.

Building parapets shall be used to screen roof-mounted mechanical and electrical equipment. If building parapets do not provide the required screening, mechanical equipment shall be screened by an unobtrusive screening device that will appear as an integrated part of the overall architectural design.

Any devices employed to screen exterior components of plumbing, processing, heating, cooling, and ventilating systems from direct view shall appear as integrated parts of the architectural design and, as such, shall be constructed of complementary and durable materials and finished in a texture and color scheme complementary to the overall architectural design.

Any exterior components of plumbing, processing, heating, cooling, and ventilating systems and their screening devices which will be visible from upper floors of adjacent buildings shall be kept to a visible minimum, shall be installed in a neat and compact fashion, and shall be painted such a color as to allow their blending with their visual backgrounds.

No exterior components of plumbing, processing, heating, cooling, and ventilating systems shall be mounted on any building wall unless they are integrated architectural design features, and in any case shall be permitted only with the written approval of the Architectural Review Committee.

(12)

Screening of exterior electrical equipment and transformers.

Transformers that may be visible from any primary visual exposure area shall be screened with either plantings or a durable noncombustible enclosure. Where possible, it is recommended that refuse containers and transformers be integrated into the same enclosure.

Transformer enclosures should be designed of durable materials with finishes and colors which are unified and harmonious with the overall architectural theme.

Exterior-mounted electrical equipment shall be mounted on the interior of a building wherever possible. When interior mounting is not practical, electrical equipment shall be mounted in a location where it is substantially screened from public view. In no case shall exterior electrical equipment be mounted on the street side or primary exposure side of any building.

Exterior-mounted electrical equipment and conduits shall be kept to a visible minimum, where visible shall be installed in a neat and orderly fashion, and shall be painted to blend with their mounting backgrounds.

(13)

Stormwater management. The overall plan for drainage and erosion control for the business park shall provide for common stormwater control facilities based on best management practices to control drainage and maintain water quality.

(14)

Architectural guidelines.

Building massing and form.

Where applicable, buildings are encouraged to relate the vertical, horizontal, or nondirectional facade characteristics to the predominant directional expression of nearby buildings. This emphasis is created by the arrangement of the structure's door and window openings.

Employ a variety in building forms to create entry character and visual interest.

Building exterior walls shall be visually reduced to human scale by:

Fragmenting into smaller or multiple structures.

Mature landscaping and land form manipulation.

Wall texture placement.

[d]

Clustering small-scale elements such as planter walls around the major form.

[e]

Creation of a horizontal shadow line.

Avoid long (over two-hundred-foot), unbroken building facades. Facades with varied front setbacks are strongly encouraged.

Blank front wall elevations on street frontages should be avoided through the use of building indentations and architectural details.

[6]

Entries to industrial buildings should portray a quality office appearance while being architecturally related to the overall building composition.

[7]

Large plate glass windows are discouraged unless they are broken with mullions or muttons.

[8]

Mirrored glass or colored metal panels shall not be used for windows.

[9]

Doorways shall be encased with trim.

[10]

Foundation walls shall not be exposed more than three feet in height from grade.

Architectural design standards for large buildings. The following standards are to be used where a proposed building exceeds 20,000 square feet of gross floor area on any single floor of the building.

Facades should be articulated to reduce the massive scale and the monotony of long, unbroken horizontal and vertical planes of large buildings. Detail features should be crafted to provide visual interest and pedestrian scale.

Horizontal facades greater than 100 feet in length shall incorporate wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet.

Ground-floor facades that face streets or public ways shall have arcades, display windows, entry areas, foyers, awnings, or other such features along a minimum of 40% of their horizontal length.

Vertical variations in rooflines shall be incorporated to add visual interest and reduce the monotony and mass of large nonresidential buildings. Roof features should complement the character of surrounding properties. At least one of the following roof forms shall be incorporated into the design of each large nonresidential building:

Sloping roof planes, with an average slope equal to, or greater than six inches of vertical rise for every 12 inches of horizontal run;

Parapets or other architectural devices shall be incorporated to conceal flat roofs and rooftop mechanical and ventilation equipment;

Overhanging eaves, extending no less than 18 inches past the supporting walls.

Entryway design elements and variations should give orientation and pleasing character to the building. Each principal building on a site shall have clearly defined, highly visible customer entrances. Large nonresidential buildings shall provide design elements, such as archways or glass, that will allow for one additional entryway for every 20,000 square feet of gross floor area on a single floor, so that the building will have future reuse potential for multiple commercial or industrial tenants. Entryway design shall include a minimum of three of the following:

Canopies or porticos.

Overhangs.

Recesses and/or projections.

[d]

Arcades.

[e]

Raised corniced parapets over the door.

Peaked roof forms.

Arches.

Outdoor porticos.

Display windows.

Architectural details such as tile work and moldings which are integrated into the building structure and design.

[k]

Integral planters or wing walls that incorporate landscaped areas and/or places for pedestrians to sit.

Materials.

Building exterior wall materials:

One dominant material should be selected and expressed with its own natural integrity. Materials that convey permanence, substance, timelessness, and restraint are required.

Low maintenance should be a major consideration.

Materials shall blend with those existing in the adjacent area of the center.

[d]

Pre-engineered metal buildings and industrial-type structures featuring predominantly painted exteriors are prohibited. Corrugated metal-sided "Butler" type buildings shall not be approved, unless designed to have an exterior appearance of conventionally built structures. Exterior surfaces must include either stucco, plaster, glass, stone, brick, or decorative masonry. Stock, "off-the-shelf" metal buildings are highly discouraged as primary structures. Metal buildings should employ a variety of building forms, shapes, colors, materials and other architectural treatments to add visual interest and variety to the building. Such treatments should emphasize the primary entrance to the building or buildings using "dryuit" facades. All exterior surfaces of metal buildings, which have the potential of being contacted by vehicles or machinery, should be protected by the use of landscaped areas, raised concrete curbs, and traffic barriers.

Color and texture.

Simple and uniform texture patterns are encouraged to create shadow patterns that will reduce the high visibility of the building.

Variations in color shall be kept to a minimum.

Colors shall be subdued in tone.

Accent colors may be used to express corporate identity.

Loading facilities.

To alleviate the unsightly appearance of loading facilities for industrial uses, these areas should not be located at the front of the buildings where it is difficult to adequately screen them from view. Such facilities are more appropriate at the rear of the site.

When it is not possible to locate loading facilities at the rear of the building, loading docks and overhead doors should not dominate the building frontage and should be screened.

A combination of elements should be used, including solid masonry walls, berms, and landscaping. Walls shall be a minimum of six feet high.

Where permanent screening is required between a use in the business park and a residential zone, a screen wall of solid masonry or landscape screening is preferred.