Golf courses may be permitted as a conditional use in the zones specified provided that the use and/or structures shall adhere to the following:
A. The proposed establishment is to be a private, nonprofit club-type facility for a membership of restricted size, and proper assurance is given that this status of the establishment will be perpetual.
B. The size of the membership is to be limited to an amount commensurate with the scale of the facilities to be provided as approved by the Municipal Agency.
C. Appropriate accessory facilities may be provided, including dining facilities, swimming pools, tennis courts, and other such areas for active recreation provided that the Municipal Agency finds that such facilities are located in such a manner on the tract as will not adversely affect adjacent residential properties. In no case shall any of the above facilities be located within two hundred (200') feet of the property or street line.
D. Off-street parking facilities shall be provided on the property sufficient at all times to meet the parking requirements of the membership of the club and their guests. Such parking facilities shall not be located within five hundred (500') feet of a property line or within two hundred (200') feet of a street line, and where deemed, screened from adjacent property by appropriate landscape materials.
E. Permitted Signs. One (1) freestanding sign, not exceeding twenty-five (25) square feet in area, located not less than twenty-five (25') feet from any property line, and not greater than ten (10') feet in height.
Driving ranges shall be permitted in the zone(s) specified as a conditional use provided that the use and/or structure shall adhere to the following:
A. Minimum lot size shall be ten (10) acres.
B. Golf driving ranges shall only be permitted where access is to be provided from a primary or secondary arterial roadway.
C. No portion of the driving range area, including the area within the netting, the tee area or parking area shall be within one hundred (100') feet of any residential property.
D. Lighting shall be provided in such a manner that there will be no light spillage onto adjacent properties.
E. A seventy-five (75') foot landscaped buffer shall be provided in the side and rear yards of any golf driving range.
Hospitals may be permitted as a conditional use in those zones specified provided that the use and/or structures shall adhere to the following:
A. The lot on which the use is proposed shall be not less than five (5) acres in area.
B. No structure shall be located less than seventy-five (75') feet from any contiguous street line, nor less than thirty (30') feet from any property line.
C. That portion of a lot covered by impervious surface shall not exceed the maximum coverage limit for the zone district in which the hospital shall be located.
D. The front, rear, and side yards shall be increased one (1') foot for each foot which such building exceeds thirty-five (35') feet, however, in no case shall any building exceed a height greater than fifty (50') feet.
E. Permitted Signs. One (1) freestanding sign no larger than twenty (20) square feet in area and not exceeding twelve (12') feet in height. In addition, facade signage can occupy an area no greater than five (5%) percent of the front facade of the building.
Massage parlors shall be permitted as a conditional use in the B-3 Zone and shall adhere to the following standards:
A. All employees of a massage parlor engaged in performing massages shall be licensed massage therapists. Licenses of all such employees shall be kept on file with the Township Clerk. New employees shall file their license with the Township Clerk within seven (7) days of their hiring.
B. Massage parlors shall not be located within any shopping center, but shall instead be a freestanding facility.
[Ord. No. 2002-2667]
Mixed waterfront development uses, as described herein, may be permitted as a conditional use in those zones specified provided that the use adheres to the following conditions:
A. The proposed development is an integrated development designed and landscaped in an architecturally unified fashion using such common facilities as vehicular and pedestrian access, parking, and utilities and sanitary facilities and containing a mix of uses limited to the following types:
1. Commercial Type Uses.
a. Retail or wholesale trade establishments.
b. Professional, medical, and business offices on other than the ground or first floor.
2. Residential Type Uses.
a. Multiple dwellings including townhouses and other attached single dwellings which share in the use and maintenance of limited common elements and which may be on lots to be held in fee simple ownership.
3. Water-Oriented Type Uses.
a. Marinas as defined herein, provided that any boat and marine equipment repairs, maintenance and/or service shall take place while the craft is in the water. No commercial party boats shall be permitted. Overnight use or occupancy of a boat or watercraft moored in a marina shall be temporary only and in no case shall exceed seven (7) consecutive nights or sixty (60) days.
b. Yacht clubs, including related accessory uses such as clubhouses, swimming pools, tennis courts, and racquetball facilities.
c. Restaurants, except that no fast food service establishment shall be permitted in a single use freestanding building. Outdoor dining is permitted.
4. Accessory Uses When Accessory to a Permitted Use.
a. Off-street parking subject to the provisions of Section 16-627. Vertical parking garages shall be permitted provided they are architecturally compatible with other structures in the development and they do not exceed two (2) levels or five hundred (500) parking spaces per level. Vertical parking garages shall be subject to the standards and regulations applicable to principal buildings set forth in Section 16-814.C. No roof covering the top level of any vertical parking garage shall be required. All parking including vertical parking garages shall be screened from public streets. No overnight parking of buses shall be permitted. No overnight parking of commercial vehicles other than those integral to on-site businesses shall be permitted.
b. Signs subject to the provisions of Section 16-835 and the following:
(1) All signage throughout the development shall be designed and installed in an architecturally unified fashion using such common construction and design elements as color, materials, graphics, style, and mounting or support technique. Box style internally illuminated signs shall be prohibited. Signs in which letters are individually illuminated shall be permitted.
(2) Residential type uses: Those signs permitted in residential zones pursuant to the provisions of Section 16-635.H.
(3) All other uses.
(a) For the mixed-use development, one (1) freestanding entry sign which shall state the name of the development and no other advertising message to be located at each entrance to the mixed-use development not to exceed fifty (50) square feet in area and ten (10') feet in height and to be no closer than ten (10') feet to a street line. A second freestanding sign may be located at each entrance to the development to identify building locations and/or nonresidential tenants provided the sign does not exceed twenty-five (25) square feet in area or eight (8') feet in height and is no closer than fifty (50') feet to the front property line.
(b) For each detached principal building one (1) freestanding sign identifying the tenant or tenants of that building to be located within fifteen (15') feet of the building and not to exceed ten (10) square feet in area or four (4') feet in height.
(c) For each use in the mixed development, one (1) facade sign on each facade containing a public entrance to that use not to exceed ten (10%) percent of the facade area devoted to such use.
c. Fences and hedges subject to the provisions of Section 16-616.
d. Clubhouses, private club swimming pools and private swimming pools for the exclusive common use of residents of the development or members and guests of any yacht club. Pools shall be subject to the provisions of Section 16-646.
e. Kiosks and similar temporary structures which have no permanent footing or foundation for retail sales including the sale of prepared foods provided no such structures shall exceed ten (10) square feet in area or be located closer to a public street than any nonresidential building within the development or closer to any property line than permitted for an accessory structure. In no case shall there be more than one (1) such structure per ten thousand (10,000) square feet of nonresidential floor area within the project.
f. Other customary accessory uses and buildings provided same are incidental to the principal use.
B. To ensure that the objective of a mix of uses is achieved, of the use types listed in subsection A above, the proposed development shall include at least two (2) of the commercial type uses occupying a total of at least ten (10%) percent of the buildable tract area, at least one (1) of the residential type uses occupying at least ten (10%) percent of the buildable tract area, and at least one (1) of the water-oriented type uses occupying an area equivalent to at least ten (10%) percent of the buildable tract area. Public recreation areas including beaches and public plaza areas may be considered as water-oriented for the purposes of this section and a maximum of fifty (50%) percent of the minimum area requirement for water-oriented uses may be satisfied by the water area devoted to piers and berths. Under no circumstances shall a single use type occupy more than seventy (70%) percent of the buildable tract area. Notwithstanding the foregoing, an applicant can choose to proceed to develop the premises in phases. The application need not include plans for all phases. By way of example, an application may include just the proposal for the residential component of the premises. However, the overall and ultimate development of the premises shall be in accordance with the mix of uses as set forth herein.
C. Standards and Regulations. The mixed waterfront development shall adhere to the minimum and maximum standards of the zone except as specified below:
1. Minimum Regulations.
a. Tract Area.
(1) Gross tract area exclusive of riparian land and which consists of multiple noncontiguous parcels broken by public streets but within the boundaries of the underlying zone district: twenty-five (25) acres.
(2) Net tract area inclusive of the 100-year floodplain and exclusive of tidelands, tidal wetlands, nontidal wetlands, lakes and ponds, stream corridors and floodways, and steep slopes in excess of twenty-five (25%) percent and which may consist of multiple noncontiguous parcels broken by public streets but within the boundaries of the underlying zone district no minimum.
(3) Buildable tract area defined as a continuous parcel otherwise meeting the definition of net tract area above: twenty-five (25) acres.
No development shall occur on land outside the buildable tract area.
b. Frontage of Buildable Tract Area: five hundred (500) feet.
c. Buffer Area. Where the buildable tract area abuts a residential district or use, a buffer area equal to the height of the building within the mixed waterfront development nearest to that residential district or use, but in no case less than twenty-five (25') feet, shall be provided. The area within any required buffer shall be considered part of the tract area but in no case shall be part of the private yard area assigned to an individual unit. Tennis courts and open fences of a height of twelve (12') feet or less may be placed within the buffer. [Ord. No. 2002-2667]
d. Front Setback. [Ord. No. 2002-2667]
(2) Accessory building: 50 feet.
e. Rear Setback.
(1) Principal building, Fifty (50') feet from the property line except where the rear property line is contiguous with a bay, river, or navigable stream and is bulkheaded, in which case the setback shall be twenty (20') feet as measured from the bulkhead line.
(2) Accessory building. Twenty-five (25') feet from the property line except where the rear property line is contiguous with a bay, river, or navigable stream and is bulkheaded, in which case the setback shall be fifteen (15') feet as measured from the bulkhead line.
f. Side Setback.
(1) Principal building. Twenty-five (25') feet from the property line except where the side property line is contiguous with a bay, river, or navigable stream and is bulkheaded, in which case the setback shall be fifteen (15') feet as measured from the bulkhead line. [Ord. No. 2002-2667]
(2) Accessory building. Twenty-five (25') feet from the property line except where the side property line is contiguous with a bay, river, or navigable stream and is bulkheaded, in which case the setback shall be fifteen (15') feet as measured from the bulkhead line.
g. Setback from Internal Streets. [Ord. No. 2002-2667]
(1) Principal commercial buildings where no parking is proposed between the building and the curbline: twelve (12') feet from the curbline.
(2) All other principal buildings: twelve (12') feet from the curbline, where no parking is proposed. Ten (10') feet from the curbline of any parking stall.
(3) In no case shall the setback from the face of a garage to the back edge of the sidewalk or, in the absence of sidewalk, the curbline, be less than twenty (20') feet.
(4) Accessory building. Ten (10') feet from the curbline except gate houses which may be located immediately adjacent to an internal street.
h. Distance Between Buildings: [Ord. 2002-2667]
(1) Definitions:
FRONT FACE Longest building axis facing an internal street.
DISTANCE BETWEEN BUILDINGS The measurement of distance between buildings shall be taken from the external face to the external face.
(2) Between nonresidential buildings: 20 feet.
(3) The following distances between residential buildings shall be observed. Buildings shall be considered facing if the walls form an angle of less than forty-five (45) degrees.
(a) Front to front: 65 feet.
(b) Side to side: 30 feet.
(c) Front to side: 50 feet.
(d) Front to rear: 70 feet.
(e) Side to rear: 30 feet.
(f) Rear to rear: 30 feet.
(4) Unroofed projections of no more than six (6') feet may be permitted in any setback area.
i. Separation of Uses. No building intended for residential occupancy shall be located less than five hundred (500') feet from the nearest property line of an existing industrial use.
j. Dwelling Unit Size.
(1) One (1) bedroom: 1,000 square feet.
(2) Two (2) bedroom: 1,300 square feet.
(3) Three (3) bedroom: 1,500 square feet.
No unit shall contain more than three (3) bedrooms.
k. Parking.
(1) Nonresidential uses. Off-street parking shall be provided in accordance with the minimum requirements set forth in Section 16-627. Parking for nonresidential uses shall not be reserved for or assigned to particular uses or users. Nonresidential uses which are not within a radius of five hundred (500') feet from the designated parking facilities shall be required to provide either a short-term parking/drop-off area adequate to accommodate one-half (0.5%) percent of the parking required for the facility and which is within five hundred (500') feet of the facility or valet, tram, or similar shuttle service between the facilities during the hours of operation of the nonresidential use. For uses on a pier including boat slips, this distance shall be measured from the nearest point of the parking area or service to the nearest boat slip.
(2) Residential dwellings. The number of required parking spaces shall be provided in accordance with the standards set forth in the Residential Site Improvement Standards. [Ord. No. 2002-2667]
l. Recreation Areas. An area equal to four hundred (400') square feet per residential dwelling unit shall be required. All required areas shall include improvements and amenities for the use and benefit of and to meet the needs of the residents or occupants of the residential dwelling units. Unimproved natural areas shall not qualify as required recreational area except for unbulkheaded beach areas the area of which shall be measured between the tract line and the average of the mean high and low water marks. At least fifty (50%) percent of the required recreation area shall be non-beach area and at least fifty (50%) percent of the non-beach recreation area shall be improved for indoor or outdoor active recreational uses such as courts, playfields, swimming pools, and similar facilities. No outdoor active recreation facilities shall be located within twenty-five (25') feet of any building or tract boundary.
m. Yard Requirements for Townhouse Lots within a Development Tract.
(1) Front yard: 20 feet.
(2) Side yard: 0 feet except for units with windows on the end or side wall of a row of buildings which shall have a side yard of 15 feet.
(3) Rear yard: 20 feet.
2. Maximum Regulations.
a. Residential Dwelling Unit Density. There shall be no more than six and one-half (6.5) dwelling units per acre of total net tract area as defined in this section. The residential dwelling units may be clustered on the site at a density not to exceed 11.25 dwelling units per acres.
b. Floor Area Ratio for All Uses Other Than Residential Dwelling Units. The floor area ratio based on total net tract area as defined in this section shall not exceed. 10. The floor area may be clustered on the site at a floor area ratio not to exceed .30.
c. Building Height. No building shall exceed either three and one-half (3 1/2) stories exclusive of basements which are used exclusively for housing mechanical, storage, parking or forty-nine (49') feet in height. [Ord. No. 2002-2667]
d. Residential Building Length. No residential building shall exceed two hundred sixty (260') feet in length on any side nor an alternate building length on a side greater than two hundred (200') feet. A change in building setback or break in the building facade of at least four (4') feet is required in horizontal intervals of not less than one hundred twenty (120') feet.
e. Coverage. [Ord. No. 2002-2667]
(1) Lot coverage as defined herein shall not exceed seventy (70%) percent of the buildable tract area.
(2) Building coverage on the residential portion of the site shall not exceed twenty (20%) percent of the gross tract area.
(3) Total lot coverage on the residential portion of the site shall not exceed forty (40%) percent of the gross tract area.
D. Miscellaneous Provisions.
1. General. Unless provided to the contrary within the provisions of this conditional use, all development within a mixed waterfront development use shall be subject to the applicable ordinances, regulations, standards, and procedures of the Township of Middletown. Where the provisions are contrary, the provisions of this section shall prevail.
2. Public Access. Continuous linear public access at least twelve (12') feet in width parallel to the water's edge and landward of the high water mark and on the water side of any buildings shall be included in all mixed waterfront use developments. The linear water's edge access shall be connected to a public street by continuous perpendicular access at least twelve (12') feet in width and shall be designed to afford the potential of extending to and across adjacent parcels. Public access shall be clearly marked and public parking in parking areas other than those restricted to residential units shall not be prohibited.
3. Year-Round Marina Facilities. Any marina shall include facilities to permit year-round in-water dockage.
4. Uses and Structures on Piers. Uses on piers shall be limited to marina uses. There shall be no more than five (5) structures on piers. The total floor area of all structures on piers shall not exceed five (5) square feet per boat slip and no single structure shall exceed two thousand five hundred (2,500) square feet in area. Structures on piers shall not exceed one (1) story or sixteen (16') feet in heights as measured from pier level. Structures on piers shall not be subject to the setback requirements in Section 16-814.C; setbacks shall be adequate to accommodate routine and emergency circulation.
5. Division of Tract. Division of the tract into multiple fee simple lots shall be permitted only under the following circumstances:
a. Land may be subdivided and conveyed to a public jurisdiction or agency subject to the approval of the Township for dedication as permanent public open space.
b. Land may be subdivided to separate the residential and nonresidential components of a tract into two (2) distinct lots to be governed by two (2) distinct property owners' associations or similar organizations.
c. Under no circumstances shall any lot created be less than eight (8) acres. [Ord. No. 2002-2667]
Any subdivision shall include sufficient easements and/or restrictive covenants and financial guarantees to ensure that the development continues in perpetuity as a physically integrated development consistent with the intent of the Ordinance and the terms of any site plan approval.
