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(a) Land uses.
(1) The following uses are permitted in the U.S. 29/Cherry Hill Road Employment Area overlay zone:
(A) All permitted and special exception uses allowed in the underlying zones are allowed in the U.S. 29/Cherry Hill Road Employment Area overlay zone, except as specifically modified by this overlay zone.
(i) The following additional retail commercial uses are permitted:
Beauty supply stores.
Computer and computer supply stores.
Electronics stores.
Express or mailing offices.
Food and beverage stores.
Music stores.
Office supply stores.
Pet supply stores.
Retail trades, businesses, and services of a general commercial nature.
Shoe stores.
Theaters, indoor.
(ii) The following additional commercial uses are permitted:
Eating and drinking establishment, excluding a drive-in.
Delicatessen.
Cafeteria.
Snack Bar.
Ice Cream Parlor.
(iii) The following additional cultural, entertainment or recreational use is permitted:
Tennis club.
(iv) The following additional manufacturing and industrial, service, and transportation/communication/utility uses are permitted where the underlying base zone is I-2:
Research, development and related activities, including the particular uses listed below, but excluding any prohibited uses under Section 59-C-18.132(a)(2):
(a) Manufacturing, compounding, processing or packaging of products resulting from biotechnical and biogenetic research and development.
(b) Manufacturing and assembly of medical, scientific or technical instruments, devices and equipment.
(c) Manufacturing of yeasts, molds, and other natural products necessary for medical and biotechnical research and development.
(d) Telephone offices, communication and telecommunication centers.
(e) Corporate, administrative or business offices for companies principally engaged in health services, research and development or high technology industrial activities.
(f) Laboratories.
(g) Universities and colleges providing teaching and research facilities.
(h) Libraries, scientific or technical.
(v) A grocery store is a permitted retail commercial use where the underlying base zone is I-1.
(vi) Where the underlying base zone is I-1, multi-family residential uses are permitted under 59-C-18.132(b)(7).
(2) The following uses are prohibited in the U.S. 29/Cherry Hill Road Employment Area overlay zone:
Adult entertainment business.
Automobile parts, sales and services, including but not limited to tire sales and transmission service.
Automobile repair and service.1
Automobile sales, indoors and outdoors.1
Bakery.
Blacksmith shops and machinery shops.
Billiard parlors.
Boat sales, indoors and outdoors.
Bottling plant.
Bowling alleys.
Building materials and supplies, except where the underlying zone is I-1.
Carpet sales.
Confectionery production.
Contractor's storage yards, except as an accessory use.
Convenience food and beverage.
Country inns.
Dry cleaning plants.
Electroplating and manufacturing of small parts such as coils, condensers, transformers, and crystal holders.
Fairgrounds, circuses and amusement parks.
Farm implements, storage and sale.
Feed and grain storage and sales.
Food production, packaging, packing and canning of.
Fuel storage yards.
Garden supply shops.
Heavy equipment, sales and services.
Health clubs.
Ice manufacturing and storage.
Laundry plants.
Liquor stores.
Manufacturing of light sheet metal products.
Manufacturing, compounding, assembling or treatment of articles from the following previously prepared materials; bone, cellophane, plastic, canvas, cloth, cork, feathers, felt, fiber, fur, hair, horn, leather, textiles, yarns, glass, precious or semi-precious metals or stones, and tobacco.
Manufacturing, compounding, processing or packaging of cosmetics, drugs, perfumes, pharmaceuticals, toiletries and products resulting from biotechnical and biogenetic research and development except, products resulting from biotechnical and biogenetic research and development are permitted where the underlying base zone is I-2.
Manufacturing, fabrication and/or subassembly of aircraft parts, components, and equipment.
Manufacturing of musical instruments toys, novelties, and rubber and metal stamps.
Manufacturing of paint not employing a boiling or rendering process.
Manufacturing of pottery and figurines or other products using previously pulverized clay and kilns fired only by electricity or gas.
Mobil home sales.
Paper products manufacturing.
Roller and ice skating rinks.
Sawmills.
Stadiums or arenas.
Stoneworks.
Swimming pools, commercial.
Tinsmith and roofing services.
Tire, battery and accessory store.
Wholesale trades limited to sale or rental of products intended for industrial or commercial users.
Wood products manufacturing.
1 These uses are permitted on any property improved before May 5, 2011 for the use of automobile repair, service, sales, or storage. Automobile repair, service, sales, or related office, automobile parking, or automobile storage use may be built, rebuilt, repaired, or expanded on these properties under the standards and procedures of the property’s underlying zone.
(b) Development standards. Development will proceed under the standards of the underlying zones, except as modified by the provisions of this overlay zone.
(1) Setbacks.
(A) Where the overlay zone adjoins, or is separated only by a public road from residentially zoned land that is recommended for residential use and development in the Fairland Master Plan, all buildings must be set back at least 100 feet from such residential land. All parking and maneuvering areas must be set back at least 50 feet from such residential land and be appropriately screened from such adjoining uses.
(B) Any building that devotes 50 percent or more of its gross floor area to a retail commercial use must be located at least 200 feet from the boundary of the overlay zone, unless a waiver is granted by the Planning Board. The 200 foot building setback requirement must not be reduced below 150 feet. The parking and maneuvering areas for such a building must be located at least 100 feet from the boundary of the overlay zone. A setback is not required from lot lines, zoning lines, utility rights-of- way or road rights-of-way within this overlay zone.
(C) Where the overlay zone adjoins residentially zoned land that adjoins US 29 or a service road that adjoins US 29, and the residentially zoned land is not used or recommended for residential use and development in the Fairland Master Plan, the following setback and screening requirements apply:
(i) A setback is not required from the overlay zone boundary; however, notwithstanding the preceding sub-paragraph (B) above, buildings and parking areas must be set back at least 50 feet from US 29 or a service road that adjoins US 29; and
(2) Retail commercial area.
(A) Where the underlying base zone is not C-6:
(i) the cumulative square footage of retail commercial uses permitted on land classified in each particular base zone within the boundaries of the overlay zone must be equal to or less than a total of 50,0001 gross square feet;
(ii) development of retail commercial use cannot exceed 15,0001 square feet on any individual lot; and
(iii) except for a grocery store, a single tenant, free-standing structure that devotes 50 percent or more of its gross floor area to a retail commercial use must be equal to or less than 10,000 gross square feet.
1 Any square footage devoted: (i) to an eating and drinking establishment use, excluding a drive-in, and (ii) where the underlying base zone is I-1, to a grocery store, is in addition to this amount.
(B) Subsection (A) also applies where the underlying base zone is C-6, and when development occurs under Section 59-C-18.132(b)(6)(B).
(C) Anywhere in the overlay zone, the limitations in Subsection (A) do not apply to the floor area used for retail trades, businesses, and services of a general commercial nature if the footprint of the use is 15,000 square feet or less.
(3) Height limit. A retail building must be equal to or less than 40 feet in height, excluding parapets.
(4) Coverage limitation. Where the underlying base zone is other than C-6, the coverage standards for principally retail buildings will be as follows:
(A) Green area must encompass at least 35 percent of the lot area.
(B) Off-street parking must occupy 45 percent or less of the lot area, except that in unusual circumstances the Planning Board may waive this requirement at the time of site plan approval upon a finding that a more compatible arrangement of uses would result.
(5) Office development. Where the underlying base zone is C-6, office uses must be developed pursuant to the following standards, except that no setback is required from lot lines, zoning lines, utility rights-of-way or road rights-of-way within the overlay zone:
(A) Building height. No building can exceed a height of 100 feet.
(B) Coverage limitations. (Percent of gross tract area)
—Green area shall be provided for not less than: 35
—Off-street parking is not allowed to occupy more than 451
1 100 feet from interchange ramp for buildings and 50 feet from interchange ramp for parking. The setback for parking structures may be reduced below 200 feet but not below 100 feet upon approval by the Planning Board.
(C) Setbacks from the boundary of the overlay zone.
All buildings, off-street parking, loading and maneuvering areas must be set back from lot lines in accordance with the standards shown in the following schedule:
Buildings
|
Parking, Loading Areas
|
Buildings
|
Parking, Loading Areas
| |
(1) From abutting residentially zoned property: | ||
—Recommended for one-family zoning and development on the applicable master plan. | 200' | 200' |
—Recommended for residential zoning and development, other than one-family, on applicable master plan. | 100' | 100' |
—Recommended for nonresidential development in the I-3 or R&D zone on the applicable master plan. | 20' | 20' |
However, if proposed building is more than 40 feet in height then 1 foot of additional building setback for each 2 feet of height: | 1:2 | 20' |
—Recommended for non-residential development in a commercial or industrial zone other than I-3 or R&D on the applicable master plan. | 25' | 25' |
—Developed with nonresidential uses, including off-street parking. | 50' | 50' |
If the abutting residentially zoned property is developed with residential uses, the Planning Board may require greater than the minimum setback, not to exceed 200 feet, to achieve compatibility between the residential development and the proposed industrial development. | ||
(2) From abutting commercial or industrial zoning other than the I-3 or R&D zones: | 25' | 25' |
(3) From an abutting lot classified in the I-3 or R&D zones: | 20' | 20' |
—If proposed building is more than 40 feet in height then one foot of additional building setback for each 2 feet of height. | 1:2 | 20' |
(4) From the following roadways as shown on the approved and adopted master plan: | ||
—an existing or planned limited access freeway.1 |
200' | 100' |
—a major highway in the I-3 zone | 100' | 100' |
—a major highway in the R&D zone | 50' | 50' |
—an arterial road separating the I-3 and R&D zones from: | ||
—existing one-family residential zoning and development | 100' | 50' |
—residential zoning or development other than one-family residential | 50' | 50' |
—an arterial road that separates the zone from a commercial or industrial zone | 25' | 35'2 |
—a transitway | 25' | 25' |
Two buildings on the same lot must be set back from each other a distance of at least 30 feet. | ||
1 100 feet from interchange ramp for buildings and 50 feet from interchange ramp for parking. The setback for parking structures may be reduced below 200 feet but not below 100 feet upon approval by the Planning Board.
2 Off-street parking is permitted between a building and a street identified on an approved preliminary plan of subdivision as providing access for public transit service unless the Planning Board determines that the location of the parking will discourage or adversely affect public transit use.
(6) Retail commercial development.
(A) Where the underlying base zone is C-6 and the principal use of the C-6 zoned property is a retail commercial use, then the standards of the C-6 zone will apply and, in addition:
(i) a single retail use within a multiple tenant principally retail use structure must be at least 10,000 square feet of gross floor area; and
(ii) only one principally retail commercial use may exceed a gross floor area of 100,000 square feet.
(B) Where the underlying zone is C-6 and the principal use of the C-6 property is other than retail commercial use, then the standards of the overlay zone will apply.
(7) Multi-family residential development. Where a development includes multi-family dwelling units, the following standards must be satisfied:
(A) The development must have a mix of uses that includes commercial or retail commercial uses.
(B) The ground floor of the development must principally be for commercial or retail commercial uses; however, the ground floor may also include:
(i) incidental non-commercial uses, such as lobbies, loading areas, and parking access; and
(ii) a maximum of 10 percent of the total number of residential units in the mixed-use building.
(C) The building height must be equal to or less than 75 feet, excluding parapets and mechanical equipment.
(D) Except as provided in subsection (E), the maximum FAR of the mixed-use building is 1.0 FAR, of which the maximum FAR for residential use is .75 FAR.
(E) The maximum 1.0 FAR and the maximum 0.75 FAR of residential must be increased to accommodate the construction of moderately priced dwelling units and any density bonus authorized under Chapter 25A.
(c) Trip reduction guidelines. Within the overlay zone, compliance with the special trip reduction guidelines under Section 59-C-5.436 satisfies and represents full compliance with the requirements and goals for traffic mitigation/management.
(d) Site plan.
(1) Any retail commercial development in the U.S. 29/Cherry Hill Road Employment Area overlay zone must be approved under the site plan review provisions of Division 59-D-3, except where:
(A) the cumulative redevelopment is 20 percent or less of the existing gross floor area; or
(B) the floor area is used for retail trades, businesses, and services of a general commercial nature up to a footprint of 15,000 square feet and is located in a building constructed before September 25, 2013.
(2) For uses other than retail, site plan review is required only where it is required in the underlying zone.
(e) Special provisions for existing buildings. Any structure lawfully existing as of the date of application of this overlay zone that does not conform to the standards of the overlay zone may be rebuilt, repaired, expanded and/or reconstructed in accordance with the standards of the underlying zone. However, any expansion must comply with the standards of the overlay zone.
(f) Special provisions for existing uses. Any lawfully existing use allowed as of the date of application of this overlay zone, including parking and maneuvering areas, which is not otherwise allowed in the overlay zone may be continued as a lawful use under the standards of the underlying zone.
(g) Special provisions for approved site plans. Any proposed development shown on a site plan or plan of development approved prior to the date of application of this overlay zone may be constructed in accordance with the approved plan regardless of whether said development is built in one or more phases. Such development is not subject to the provisions of Sec. 59-G-4.1 and 59-G-4.25, and may be continued, repaired, reconstructed, or structurally altered in accordance with the approved site plan or plan of development. In cases where detailed review of subsequent phases of an approved plan is anticipated, such reviews will continue to be required under the provisions of division 59-D-3.
(h) Transfers.
(1) Transfer of density. Where the underlying base zone is either C-6 or I-3, density may be transferred from any one or more area(s) or lot(s) that were in common ownership and classified in the I-3 Zone on July 5, 1990 and that are now within the boundaries of the overlay zone, to any other such area(s) or lot(s) within the overlay zone, regardless of current base zone. For such property now within the overlay zone, the maximum density of development must not exceed a floor area ratio of 0.4. Calculation of said floor area ratio is to be based on and may be averaged over the gross tract area of the owner on July 5, 1990. This is intended to and must include the area of all I-3 property owned by the owner on July 5, 1990, (without regard to current underlying zone), that is within the overlay zone. Calculation of the floor area ratio may be averaged over two or more lots. When averaging is used for previously approved subdivision plans the total development density must not exceed the density for which the approval was previously granted.
(2) Transfer of development capacity. Notwithstanding subsection (1) above, any approved, but unbuilt, non-residential development capacity may be transferred from any property within the overlay zone (regardless of the underlying base zone) to any other property within the overlay zone with a base zone of I-2 in accordance with the standards and limitations herein and of Section TA 4.2 of the FY03 Annual Growth Policy as amended through (effective date of the FY03 AGP, as amended):
(A) Development capacity may only be transferred at a one-to-one ratio of jobs, but may be converted to another type of non-residential use at a conversion ratio approved by the Planning Board; and
(B) The provisions of Section C-18.132(h) do not limit the ability of the owner of either a transferor or transferee property to apply for a new or revised Preliminary Plan of Subdivision to allow further development or redevelopment of such property, in accordance with applicable requirements.
(Legislative History: Ord. No. 13-53, § 1; Ord. No. 14-40, § 1; Ord. No. 14-56, § 1; Ord. No. 15-43, § 1; Ord. No. 17-08, § 1; Ord. No. 17-40, § 1.)