30-150.3 Accessory Uses.

a. Off-street parking and loading/unloading areas.

b. Accessory uses customarily incidental and subordinate to the uses allowed by right. (Ord. No. 2001-31 § 30-150.3)

30-150.4 Bulk Requirements.

a. Minimum lot area 3.0 acres

b. Maximum floor area ratio (FAR) 15%

c. Maximum lot coverage 50%

d. Minimum lot width 300 feet

e. Minimum lot frontage 300 feet

f. Minimum lot depth 400 feet

g. Minimum front yard 100 feet

h. Minimum side yard 50 feet each side

1. Minimum rear yard 100 feet

j. Maximum building height 35 feet

k. Minimum parking setbacks:

1. From building 12 feet

2. From streets 50 feet

3. From all property lines 25 feet



4. From residential zone 100 feet

5. From residential building 150 feet (Ord. No. 2001-31 § 30-150.4; Ord. No. 2003-14 § I)

30-150.5 Conditional Uses.

The following conditional uses are permitted subject to the provisions of Section 30-155:

a. 1. Specialty vehicle sales establishments.

2. No repair or car servicing on premises.

3. Height of building shall be limited to one (1) story and shall have a maximum height of fifteen (15) feet.

b. Church or house of worship. (Ord. No. 2001-31 § 30-150.5; Ord. No. 2002-17 § 3; Ord. No. 2003-14 § I; Ord. No. 2013-33)

30-150.6 Increased FAR for Provisions of Open Space, Multi- Level Parking and Public Amenities.

a. The maximum floor area ratio (FAR) may be increased by up to five (5) percentage points to a maximum FAR of twenty (20%) percent for a project approved by the approving body if the applicant enters into a developer's agreement with the Township in which the applicant agrees to provide one or more of the following:

1. Preserve a minimum of twenty-five (25%) percent of the tract in question adjacent to residential uses as permanent, open space deeded to the Township; or as conservation easement or a landscape easement as recommended by the approving body.

2. Preserve a minimum of twenty (20%) percent of the tract in question inclusive of upland contiguous forest areas and other natural resource areas permanently deeded to the Township or as a conservation easement or as a landscape easement as recommended by the approving body. The area should not include detention basins, wetlands, wetland buffers or stream corridor buffers for percentage calculation purposes.

3. Provide at a minimum a two-level parking structure for ninety (90%) percent of the total parking requirement for an application. For every two (2) percentage points of impervious coverage that are reduced on site, a one (1) percentage point increase in FAR will be considered by the approving body, up to a maximum FAR of twenty (20%) percent.

4. Provide appropriate area on-site for one (1) of the following public facilities or amenities:

(a) Public library branch building

(b) Community recreation facility building



(c) Nursery and/or day-care facility

(d) Community park dedication

(e) Community bike/pedestrian trail system (exclusive of sidewalk requirements)

(f) Community theater/amphitheater

(g) Conservation area/nature preserve

(h) Other public amenities.

b. The above section and related incentives shall be considered independently and evaluated based upon its positive impact on the community. The increase in FAR may be greater with some incentives than others depending on the proposed application and is at the discretion of the approving body. (Ord. No. 2001-31 § 30-150.6)

30-150.7 Requirements for Landscaped Buffers/Screens and Berming.

a. The minimum width of the landscaped buffer/screen shall be as follows:

1. Front yard: 50 feet

2. Nonresidential use to residential zone in rear or side: 100 feet

3. Nonresidential use to nonresidential zone in rear or side: 20 feet

b. The front yard landscaped buffer shall consist of the following minimum mix of canopy trees and shrubs for every one thousand five hundred (1,500) square feet of buffer area: Two (2) canopy trees (large deciduous trees three (3) inch minimum caliper); and ten (10) shrubs (evergreen and/or deciduous three foot to four (3 to 4) foot in height) with a mature height that obscures vehicle headlights but does not obscure the view of buildings.

c. The landscape buffer/screen between a nonresidential use and a residential zone shall consist of the following mix of canopy trees, understory trees and shrubs for every one thousand five hundred (1,500) square feet of buffer area: Two (2) canopy trees (large deciduous trees three (3) inch minimum caliper); six (6) understory trees (deciduous and/or evergreen trees that do not generally reach the mature height of the canopy trees, a minimum of three (3) varieties shall be provided - two six foot to seven (6 to 7) foot in height; two eight foot to nine (8 to 9) foot in height and two ten foot to twelve (10 to 12) foot in height; and fifteen (15) shrubs (evergreen and/or deciduous three foot to four (3 to 4) foot in height).

d. The landscaped buffer/screen between nonresidential uses shall consist of the following minimum mix of canopy trees and understory trees for every one thousand five hundred (1,500) square feet of buffer area: Two (2) canopy trees (large deciduous trees three (3) inch minimum caliper); and six (6) understory trees (deciduous and/or evergreen trees) that do not generally reach the mature height of the canopy trees, a minimum of three (3) varieties shall be provided - two six foot to seven (6 to 7) foot in height; two eight foot to nine (8 to 9) foot in height and two ten foot to twelve (10 to 12) foot in height.

e. All portions of the landscaped buffer/screen not planted in canopy trees, understory trees, or shrubs shall be maintained in lawn area or ground cover.

f. Where a nonresidential use abuts a residential zone to the rear or side, a berm shall also be provided. The berm's height shall be variable with a minimum of four (4) feet to eight (8) feet in height, with a maximum side slope of 4:1 and a minimum top width of four (4) feet. The berms shall have a natural undulating appearance, blend with the surrounding grading and placement of berms shall be on the nonresidential side of the landscape buffer.

g. Existing trees and shrubs shall be saved and included in the buffer/screen area at the discretion of the approving body.

h. If because of individual circumstances relating to different properties, an applicant cannot meet the above buffer requirements, then the applicant may make an argument to the approving body to offer alternative design standards that will fulfill the intent and purpose of this section. Based upon the approving body's discretion the applicant's alternative proposal may be accepted or rejected. (Ord. No. 2001-31 § 30-150.7)

30-150.8 Minimum Parking Requirements.

a. Four point five (4.5) spaces per one thousand (1,000) square feet of building floor area for offices and banks.

b. Five (5) spaces per one thousand (1,000) square feet of building floor area for retail sales and service establishments, garden centers, indoor recreational facilities/ restaurants.

c. For mixed use developments (office and commercial and planned shopping villages) in two (2) story buildings, a shared parking approach is permitted, provided that a minimum of four (4) spaces per one thousand (1,000) square feet of building floor area are provided.

d. Three-fourths (0.75) of a space per bed for assisted living residence uses.

For the above parking requirements, up to ten (10%) percent of the total parking required on a project may be "banked" parking at the discretion of the approving body. If the applicant can demonstrate that less parking is required than above, the approving body at its discretion may waive or reduce the parking requirements to promote the goal of minimizing impervious coverage whenever possible. (Ord. No. 2001-31 § 30-150.8)

30-150.9 Planned Shopping Village Option.

a. Planning Principles. The Planned shopping village shall be designed to create a cohesive environment integrating the developed and undeveloped portions of the TMHO-3 District, with a strong visual identity, physically linked by pedestrian connections, plazas or other amenities, and related by a single design theme. Accordingly, the design shall adhere to the following standards:

1. The architectural style of the planned shopping village shall be designed to avoid a traditional commercial center appearance through facade ornamentation, building offsets and entry treatments and upgraded building material and colors.

2. Buildings shall be sited to form a progression of pedestrian oriented open spaces with visual as well as pedestrian connections between such spaces.

3. Open air or enclosed pedestrian spaces shall act as connectors of buildings and shall contain such amenities as changes in level, benches, water features, opportunities for entertainment and seating areas to provide a sense of place and orientation for its users.

4. One (1) or more entertainment or outdoor facilities constituting a design focus of the planned shopping village and acceptable to the approving body shall be provided; for example, a town square, public plaza or water fountain.

5. At least fifteen (15%) percent of the village acreage shall be devoted to pedestrian spaces, including but not limited to sidewalks in front of stores, sidewalk cafes or outdoor eating areas and associated landscaping and water features, including but not limited to fountains, plazas, any lawn or landscaped areas.

6. Access for service and deliveries shall not obstruct overall traffic patterns. All service areas shall be isolated from main public circulation drives and screened from public view.

b. Minimum size area: ten (10) acres.

c. Minimum Yards:

1. Front yard: sixty (60) feet

2. Rear yard: seventy-five (75) feet

3. Side yard: There shall be two (2) side yards with a minimum of fifty (50) feet each.

4. Buffer requirements: To be in accordance with subsection 30-150.7

d. Maximum FAR: The maximum permitted FAR shall be seventeen and five-tenths (17.5%) percent. (See subsection 30-150.6 for potential increases in FAR calculations.)

At the discretion of the approving body under the conditions described in subsection 30-150.6 the FAR may be increased by up to five (5) percentage points to a maximum FAR of twenty-two and five-tenths (22.5%) percent.

e. Maximum lot coverage: fifty (50%) percent

f. Maximum building height: two and one-half (2 1/2) stories but not to exceed thirty-five (35) feet.

g. Additional Standards for Planned Shopping Village.

1. The planned shopping village shall be designed according to a comprehensive master site development plan. Additionally, the applicant shall establish internal site landscaping, building design which shall allow for a measure of flexibility in partitioning stores and common area maintenance control standards.

2. Individual stores, establishments or offices shall have a minimum floor area of eight hundred (800) square feet and a maximum floor area not to exceed forty thousand (40,000) square feet. At a minimum, ten (10%) percent of all leasable store spaces shall be the minimum eight hundred (800) square feet. The calculation shall be provided to the nearest whole number.

3. The distance, at the closest point, between any two (2) buildings shall not be less than twenty (20) feet. In the case of two (2) or more buildings being connected through the use of a breezeway or similar feature, the minimum distance between buildings may be reduced, but shall not be less than ten (10) feet.

4. Off-street parking areas servicing professional offices shall be interspersed in convenient locations intended to accommodate a small grouping of office structures. The minimum distance between the edge of a parking lot or driveway and any building shall be fifteen (15) feet.

5. There shall be a landscape berm along all public streets. The berm may be included in the required yard setbacks and shall be designed in conformance with subsection 30-150.7.

6. A comprehensive signage plan shall be provided, which covers overall project identification, individual building/tenant identification, traffic regulations, pedestrian crossings, street identification and parking and directional instructions. All signage must be consistent with a small-scale village character. A signage hierarchy shall be established governing the above signage categories. There shall be only one (1) identification sign permitted for each building within the planned shopping village. Individual tenant signage shall be incorporated within the permitted building identification sign. In addition, all signage must be consistent with signage under subsection 30-150.10 below.

7. All buildings shall be designed to convey a small-scale village character. Buildings included in the planned shopping village should contain the following design elements:

(a) Provide the greatest amount of floor area on the first floor of two-story buildings.

(b) Provide shed or pitched roofs, dormers on the second floor and other similar design features.

(c) Provide consistency in the architectural treatment of building facades and diversity in the horizontal length of buildings through introduction of offsets at irregular intervals along the facade of a building.

(d) Provide a variety of building sizes and heights to create the village appearance. In order to achieve this variation thirty (30%) percent of all structures may have nonfunctional roof peaks that do not exceed thirty (30%) percent of the height limits of this section. This modifies the requirements of Section 30-126.

8. Exterior freestanding lighting fixtures shall not exceed the height of proposed structures and in no case shall be greater than fifteen (15) feet in height. The source of illumination shall be recessed, down directed and shielded within the fixture itself and shall be consistent in character with the design of the planned shopping village.

9. An internal pathway system shall be created to provide access to all buildings, open space areas and parking areas to be located within a planned shopping village center. The pathway system shall connect to adjacent residential and commercial uses to facilitate pedestrian connectivity. Easements will be obtained by the applicant, if necessary, and reviewed by the approving body. (Ord. No. 2001-31 § 30-150.9; Ord. No. 2003-14 § I)

30-150.10 General Requirements.

a.1. For all uses except planned shopping villages and assisted living residences the largest building on a site may contain up to forty thousand (40,000) square feet of floor area. If additional floor area can be provided under subsection 30-150.6 and as approved at the discretion of the approving body then a maximum size for the largest building may not exceed fifty thousand (50,000) square feet. On a multiple building site plan, no other building shall exceed twenty thousand (20,000) square feet of floor area.

2. For assisted living residences the maximum building size is eighty-five thousand (85,000) square feet of floor area.

3. For planned shopping villages see subsection 30-150.9 g,2 for building size limitations.

b. Multiple buildings on a lot shall provide staggered front and side setbacks with a minimum offset of ten (10) feet. The minimum distance between buildings shall be at least twenty (20) feet. For planned shopping villages see Section 30-150.9 g,3 for separation requirements.

c. Parking areas shall be designed to provide interconnections with parking areas on adjoining lots.

d. The finish treatment of exterior walls shall be the same on all sides.

e. No outside retail services (display, sales or advertising), excepting the sale for consumption of food in an outdoor caf setting, shall be allowed.

f. Any storage or staging of materials outside the building is prohibited.

g. Loading docks, truck parking, utility metering, HVAC equipment, trash compaction and collection shall be incorporated in the building design and landscaping so that visual and acoustic impact of these functions are fully contained out of view of adjacent properties and public streets.

h. No deliveries, loading, trash removal or compaction shall be allowed between the hours of 10:00 p.m. and 7:00 a.m.

1. Lighting in parking areas and exterior building lighting shall be no more than one-half (1/2) of the normal intensity after the last retailer served by that parking lot closes for business. In no case shall this exceed 11:00 p.m. A plan for reducing parking and exterior building lighting shall be submitted.

j. Facades greater than one hundred (100) feet in length, measured horizontally, shall incorporate projections and recesses of a depth of at least three (3%) percent for the length of the facade that extend for at least twenty (20%) percent of the total length.

k. Facade colors shall be low reflectance, subtle, neutral or earth tone. The use of high intensity, metallic, or fluorescent colors is prohibited.

l. Building trim and accent areas may feature brighter colors, but neon tubing to accent these areas as well as any signage is prohibited.

m. Sidewalks along the facade of retail stores shall be a minimum of eight (8) feet in width. These walkways shall be distinguished from other surfaces by the use of pavers, bricks, or scored concrete. In all areas of building facades that are not covered by a canopy, the sidewalk or roadway should be at least six (6) feet from the building to allow for plantings and landscaping along the foundation.

n. Signage. In addition to the signage requirements in subsection 30-150.10, the required comprehensive signage plan shall demonstrate how the signage will promote and be consistent with the theme and building scale for the planned shopping village.

1. Schedule of Sign Use.

2. Sign Illumination. Any sign may be illuminated. However, illuminated signs which are not shielded to prevent beams or rays from being directed at any window or door of any adjacent dwelling unit or portion of a roadway and are of such intensity or brilliance to cause glare or impair the vision of a pedestrian or motorist are prohibited.

3. Additional Standards. All developments shall submit a comprehensive signage plan indicating specific criteria for signage within the planned development. The comprehensive signage plan shall, at a minimum, indicate the type, size, style of lettering, colors, construction material, type of pole or standard and illumination. Included in the comprehensive signage plan shall be all illuminated interior signs, which shall be consistent throughout the development and which shall not detract from the aesthetic impression created by the remainder of the signage plan.

Signage standards of subsection 30-150.10a shall apply to all developments. Relief from these standards shall be considered by the approving body only where the applicant sufficiently documents the reasons for requiring relief from the signage standards. In considering the grant of such waiver requests, the approving body shall consider such factors as the degree of proposed sign visibility from a major frontage road as well as the internal parking area of a development; the distance between a sign and a major roadway providing access to a development; the size and scale with respect to lettering heights, font styles and number of colors, both when the sign is illuminated and when the sign is not illuminated, in relation to other signs proposed as part of a total signage program for a development. (Ord. No. 2001-31 § 30-150.10; Ord. No. 2003-14 § I)