[Added 11-9-2015 by Ord.
No. 760]
A.
The provisions of this article are enacted for the following purposes:
(1)
To allow for the revitalization of existing planned regional
shopping centers located in the B-2 Major Shopping Center District
by permitting the elimination of clustered business uses within a
mall and replacement by retail stores, restaurants, offices and the
like with direct access from unenclosed space and by the addition
of an apartment style-residential use.
(2)
To revitalize properties that have vacant, defunct or underutilized
buildings, and to transform such previously developed properties into
a more functional and attractive mixed commercial and residential
community.
(3)
To address planning, development and redevelopment issues affecting
certain areas along Baltimore Pike within Middletown Township.
Buildings may be erected, altered or used and land may be used
or occupied for any combination of the following uses:
A.
The following nonresidential uses are permitted as of right within
the Mall Conversion Overlay District:
(1)
Retail stores, including without limitation department stores,
hardware stores, lawn and garden stores;
(2)
Personal service or custom shops;
(3)
Banks or other financial institutions, with or without drive-up
window and/or accessory ATM facilities;
(4)
Post offices;
(5)
Pharmacies, with or without drive-up windows;
(6)
Restaurants and taverns, with or without outdoor service of food and/or alcohol, with and/or without electronic entertainment centers, mechanical games and other recreational uses, drive-through service(s), musical entertainment and dancing (but excluding adult entertainment or dancing as defined in § 275-117.2), provided that all musical entertainment and dancing activities shall be indoors except for such special outdoor events as are approved by Township Council;
(7)
Restaurants, fast food; with or without drive-through service(s);
(8)
Movie theaters;
(9)
General or professional offices;
(10)
Supermarkets;
(11)
Health and fitness centers, including ancillary services such
as wellness, physical rehabilitation facilities and prevention health
education activities;
(12)
Motor vehicle service centers (excluding motor vehicle sales
and junk or wrecking yards);
(13)
Convenience stores with retail gasoline sales;
(14)
Medical offices (with inpatient and outpatient surgery facilities);
(15)
Hotels;
(16)
Municipal uses;
(17)
Recreational uses, with or without service of food and/or alcohol,
including bowling alleys and electronic entertainment facilities;
(19)
Uses substantially similar to the uses described in § 275-140.3A(l)
through (18) above as approved by Township Council.
[Amended 10-22-2018 by Ord. No. 797]
B.
The following residential uses are permitted as of right within the
Mall Conversion Overlay District:
(1)
Multifamily dwellings together with multitiered, structured
parking.
C.
Permitted accessory uses within the Mall Conversion Overlay District:
(1)
Uses customarily incidental to the uses permitted in § 275-140.3A and B.
(2)
Signage;
(3)
Parking, whether structured parking or surface parking;
(4)
Storage structures for or in connection with the storage of
equipment and/or materials used for the maintenance of the multifamily
residential buildings and/or mall buildings in general.
The maximum height of buildings within the Mall Conversion Overlay District shall be as follows, except as provided in the special provisions in Article XXXIV of the Zoning Ordinance which provides for exceptions to height regulations for certain structures:
A.
All buildings: 70 feet.
A.
Minimum tract size: 75 acres.
B.
Maximum impervious surface coverage: 85%.
C.
Maximum building coverage: 25%.
D.
For purposes of calculating impervious surface coverage and building
coverage in the Mall Conversion Overlay District, the term "lot area"
shall include driveway, drainage and permanent utility easement areas.
E.
Setbacks.
(1)
Front yard (adjacent to Baltimore Pike): 50 feet for both multifamily
residential and nonresidential uses, except that the front yard setback
requirement shall not apply to existing and proposed, new parking
areas.
(2)
Front yard (adjacent to Middletown Road, Oriole Avenue, or other
Township road): 70 feet for nonresidential uses and 40 feet for multifamily
residential uses, except that the front yard setback requirement shall
not apply to existing and proposed, new parking areas.
(3)
Side yard: 30 feet.
(4)
Rear yard: 30 feet.
G.
Multifamily dwelling.
H.
Existing nonconformities. Subject to Township Council's approval,
area and bulk, parking, landscaping and buffering nonconformities
existing immediately prior to the implementation of a mall conversion,
whether disturbed or undisturbed during the construction and implementation
of a mall conversion, may remain and/or be reconstructed, such as,
but not by way of limitation, parking space dimensions and parking
within required setbacks.
A.
B.
Buffer areas and landscaping.
(1)
The requirements of §§ 275-213, 275-214B, C and D shall not apply to the Mall Conversion Overlay District; however, any land development application filed pursuant to the Mall Conversion Overlay District regulations shall include a landscape plan demonstrating compliance with the landscape requirements set forth herein.
(2)
Along each property line which directly abuts any residential
district or residential use excluding road frontage, a buffer area
of not less than 25 feet shall be provided, of which at least 10 feet
shall be landscaped. Landscaping within a residential buffer area
in a Mall Conversion Overlay District shall consist of evergreen trees
of six feet to eight feet in height at the time of planting and shall
be planted at twelve-foot centers. Subject to Township Council's approval,
an applicant may be given credit for existing evergreen or deciduous
trees in a residential buffer area.
(3)
Landscaping along Baltimore Pike, Middletown Road and Oriole
Avenue rights-of-way shall consist of six shrubs for every 100 lineal
feet of road frontage, and one street tree no less than 3 1/2
inches in caliper for every 100 lineal feet of road frontage. Subject
to Township Council's approval, street trees and shrubs may be grouped
to achieve a stated design objective.
(4)
All new buildings constructed in connection with a mall conversion
shall be landscaped in accordance with the following criteria:
(a)
A combination of trees and shrubs shall be used as foundation
plantings, i.e., plantings to be installed in reasonably close proximity
to the facades.
(b)
One deciduous tree of 3 1/2 inches to four inches in caliper
(or equivalent vegetation acceptable to Township Council) shall be
planted for every fifty-foot length of building facade measured from
end to end of buildings, without regard to indentations and the like
in the buildings or facades, and excluding any enclosed walkway connectors
and elevator cores; however, in order to achieve a particular design
objective a six-foot to eight-foot evergreen tree may be planted in
lieu of deciduous, when approved by Township Council.
(c)
Five evergreen and/or deciduous shrubs shall be planted for
every 40 feet of length of building facade.
(5)
Other landscaping, including trees, shrubs or ground covers
shall be provided along walkways, in courtyards, around sitting areas,
at the entrance to the site and in other highly visible locations,
especially on the outer side of any internal access roads which are
visible from a public street which may adjoin a tract, at the entrance
to buildings and around structures used for service, storage or maintenance
purposes.
(6)
The intent of the landscaping requirements is to afford the
designer latitude in spacing and location of planting in order to
achieve site layout and landscaping objectives. Where site features,
such as but not limited to, sidewalks, patios and drive-through aisles
do not provide sufficient space for plantings, alternate planting
locations in the general vicinity may be deemed acceptable to the
Township Council.
(7)
The location, type, size, height and other characteristics of
landscaping shall be subject to the review and approval of the Township
Council.
(8)
Parking lots shall be landscaped in accordance with § 275-140.7D(1).
C.
Lighting.
(1)
All parking areas shall be adequately lighted with lighting
of such quality and type and with such shielding as will not present
direct glare to any adjoining residential area. All parking lot street
lights shall not exceed 50 feet in height (excluding building-mounted
lighting) with full cutoff lighting which shall not exceed 0.5 footcandle
at the property line. Unless otherwise permitted by the Township Council,
all parking lot lighting shall be extinguished one hour after the
close of business, until dawn, in order to conserve energy and reduce
glare and sky-lighting consequences. Where all-night safety or security
lighting is deemed necessary, the lighting intensity levels shall
meet the minimum levels for safety and security as prescribed by the
Illumination Engineering Society ("IES").
(2)
All driveways, aisles, maneuvering spaces, vehicular service
areas or spaces between or about buildings, other than those relating
to a dwelling, shall be adequately illuminated.
(3)
All outside lighting, including sign lighting, shall be directed
in such a way as not to create a nuisance, and in every district all
such lighting shall be arranged so as to protect the street or highway
and adjoining property from direct glare or hazardous interference
of any kind.
B.
Off-street parking shall comply with the minimum off-street parking
requirements set forth below:
(1)
The multifamily residential use shall require 1 1/2 parking
spaces per multifamily dwelling unit. The parking spaces required
to serve each multifamily building shall be contained within a structured
parking facility connected or attached to each multifamily building.
(2)
All other uses (excluding multifamily residential use) shall
require four parking spaces for each 1,000 square feet of gross floor
area measured from the outside perimeter wall of each such building.
C.
Parking area design standards. All newly constructed parking areas,
in the Mall Conversion Overlay District, shall comply with the following:
(1)
Parking spaces for commercial uses located on the tract shall
be 9 1/2 feet wide by 19 feet long, except that 30% of the total
number of new parking spaces may be nine feet wide by 18 feet long,
provided that they are located in a contiguous parking area.
(2)
Parking spaces for multifamily residential uses on the tract
shall be nine feet wide by 18 feet long, and parking areas for multifamily
residential uses shall provide internal drive aisles having a minimum
width of 24 feet.
D.
Parking area landscaping design standards. Landscaping shall conform
to the following provisions:
(1)
Landscaping within any new parking area (excluding structured
parking garages) which provides more than five parking spaces shall
be subject to the following provisions:
(a)
Off-street parking areas and parking lots shall be landscaped
to reduce wind and air turbulence, heat and noise and the glare of
automobile lights; to reduce the level of carbon dioxide; to provide
shade; to ameliorate stormwater drainage problems; to replenish the
groundwater table; and to provide for a more attractive setting.
(b)
Each parking lot shall have one shade tree of three inches to
3 1/2 inches in caliper for every 15 parking spaces. Shrubs,
ground covers and other plant materials are encouraged to be used
to complement the trees but shall not be the sole contribution to
the landscaping.
(c)
The landscaping and planting areas shall be reasonably dispersed
throughout the parking lot; except where there are 20 or more parking
spaces, in which case, the following shall apply:
[1]
Landscaped islands shall be provided at the end
of each parking bay which contains 20 or more parking spaces. Such
islands shall be a minimum of eight feet in width and 18 feet in length.
Such islands shall be provided to enhance the appearance of the parking
area and to control access and movement within the parking area.
[2]
Where approved by Township Council, the end of
a parking bay may be paved so long as the area provides for gore striping
such that adequate maneuverability of vehicles is possible without
impacting parked vehicles.
(d)
All planting islands and planting beds within a parking lot
shall be surfaced with ground covers and/or dwarf shrubs and shall
not be grassed. Stone or hardwood mulch may be used in conjunction
with shrubs and ground covers.
(e)
The type, location, arrangement and dispersal of planting areas
and plant materials shall be subject to the review and approval of
the Township Council.
A.
Subject to § 275-140.8B below, all signs constructed or erected within a Mall Conversion Overlay District shall be subject to the general requirements contained in §§ 275-190 through 275-195 of the Zoning Ordinance applicable to B-2 Major Shopping Center Districts and the specific standards set forth therein, except that:
(1)
Notwithstanding § 275-192A(2), LED-type, electronically controlled signage which periodically changes its message and colors shall be permitted;
(2)
Notwithstanding §§ 275-191A(1), 275-192A(3), (5), (7) and (11), 275-192F(1), (3) and (4), the signage referenced in the concept signage program set forth in the design guidelines approved by Council shall be permitted;
(3)
Notwithstanding § 275-192A(8), the requirement that all signage shall be backlit shall not apply;
(4)
Notwithstanding §§ 275-192B(6) and (7), all tenant advertising signage shall be turned off within 1/2 hour after the close of business, but signage identifying the center may remain continuously illuminated;
(5)
Notwithstanding § 275-195G(1), the maximum size of an electrical changeable copy display sign or manual changeable copy display sign in the Mall Conversion Overlay District shall be 75 square feet, if such sign is displayed on a pylon or other freestanding sign, and the maximum size of a multipurpose visual display sign, if such sign is mounted on the exterior wall of any building, shall be 450 square feet, provided that any such wall-mounted multipurpose visual display sign may not be affixed to a building wall which faces a public street;
[Amended 8-28-2017 by Ord. No. 783]
(6)
Notwithstanding § 275-195B(4)(c), each occupant of a commercial building shall be permitted signage on the exterior of the building occupied by such occupant, provided that the total square footage of such occupant's signage shall not exceed the lesser of 2,000 square feet or 3% of the gross floor area of the space occupied by such occupant, or 100 square feet in the case of an occupied space which is less than 3,333 square feet;
[Added 8-28-2017 by Ord.
No. 783; amended 6-24-2019 by Ord. No. 807]
(7)
Notwithstanding § 275-195G(2), a property in the Mall Conversion Overlay District containing 25 acres or more shall be permitted to install one pylon or other freestanding electrical changeable copy display sign or manual changeable copy display sign along the road frontage of such property (or one such sign along each principal road frontage if such property fronts on more than one principal road) and one multipurpose visual display exterior wall-mounted sign;
[Added 8-28-2017 by Ord.
No. 783]
(8)
Notwithstanding § 275-195B(4)(a)[2], the maximum size of a freestanding or pylon sign in the Mall Conversion Overlay District shall not exceed 700 feet;
[Added 8-28-2017 by Ord.
No. 783]
(9)
Notwithstanding § 275-195B(4)(d), each occupant of a multioccupancy building, whose occupied space has multiple building facades, shall be permitted one or more signs on each exterior wall of such building, subject to the following limitations:
[Added 8-28-2017 by Ord.
No. 783]
(10)
Notwithstanding § 275-195G(4)(c), all permitted changeable signs with an electrical changeable copy display constructed in the Mall Overlay District shall maintain a static display time of not less than seven seconds.
[Added 8-28-2017 by Ord.
No. 783]
B.
Signage in a Mall Conversion Overlay District pertaining to a multifamily
residential building shall be subject to the following:
(1)
Each multifamily residential building may have up to four building
identification signs affixed to the facade of the building, provided
that the aggregate area of such signs shall not exceed 150 square
feet;
[Amended 6-24-2019 by Ord. No. 807]
(2)
One ground-mounted monument sign shall be permitted which shall
not exceed a height of 10 feet above the grade at the base of such
monument sign, and each face of such monument sign shall not exceed
a total area of 50 square feet.
Development in a Mall Conversion Overlay District shall comply
with design guidelines which shall be subject to Township Council's
approval in conjunction with the approval of any land development
application filed pursuant to the Mall Conversion Overlay District
regulations.
A.
All uses within the Mall Conversion Overlay District shall comply with all environmental controls of § 275-207, Subsections A through K, pertaining to noise, smoke, dust, fumes, vapors and gases, heat and glare, air quality, odor, vibration, soil erosion, sedimentation and grading control, and storage and waste disposal.
Stormwater management in a mall conversion shall be subject
to the requirements of the Stormwater Management Ordinance.[1]
Individual fee simple pad lots may be created for purposes of
financing and/or conveyancing in connection with development of a
tract within the Mall Conversion Overlay District. Such individual
pad lots shall not be required to comply on an individual basis with
the dimensional requirements of this article, provided that the tract
complies with such requirements on an overall basis, and provided
further that a declaration of covenants, easements and restrictions
is recorded that contains provisions that require each owner of a
pad lot to, at all times, operate and maintain such owner's pad lot
in good order and repair and in a clean and sanitary condition; that
establishes cross easements for the benefit of each pad lot for parking
areas and all appurtenant ways, vehicular and pedestrian access and
utilities; and which is subject to the approval of the Township Solicitor.
The owner of any such pad lot shall covenant and agree to be bound
by all of the conditions as set in the declaration of covenants, easements
and restrictions embodying the terms and conditions of this section.
Where pad lots are proposed, a subdivision plan shall be submitted
at the time of final plan submission and shall be approved by Township
Council prior to recording.
